VANTAGE ROAD TRANSPORTERS LTD & SHAHID PERVEZ BUTT V. MISTRY VALJI NARAN MULJI, JANENDRA RAICHAND SHAH, VIRCHAND MULJI MALDE, RATILAL GHELA SAMAT, PREMAC PROPERTIES LTD & EQUATORIAL COMMERCIAL BANK LTD

RULING OF THE COURT

ON REFERENCE TO FULL COURT By their notice of motion dated 8^th February, 2008 and lodged in Court on 11^th February, 2008, the two applicants, Vantage Road Transporters Ltd. and Shahid Pervez Butt, asked a single member of the Court to grant to them under Rule 4 of the Court’s Rules an order that:-

“The Honourable Court be pleased to extend time limited for filing and service of notice of appeal and grant the Applicants herein leave to file and serve a fresh notice of Appeal against the ruling and orders of the superior court in Mombasa (Mr. Justice John Mwera) delivered on 29^th July, 2005 out of time.”

That motion came for hearing before Bosire, J.A on 1^st July, 2008 when Mr. Peter Kaluma, learned counsel for the applicants, fully argued their case and Mr. Satish Gautama, Senior Counsel, responded on behalf of the respondents. The learned single Judge then reserved his ruling to 31^st July, 2008 and on that date the Judge gave a fully considered ruling and refused to e…