YELLOW HORSE INNS LIMITED & BROOKSIDE TRANSPORTERS LTD V. A. A. KAWIR TRANSPORTERS LTD & 4 OTHERS

RULING OF THE COURT

Before us are two applications. One is filed in No. Civil Application No. 269 “A” of 2013 (UR 197/2013) and the other in 270/2013 (UR 198 of 2013). Both are dated the 9^th day of October, 2013, lodged on the same date that is 9^th day of October, 2013, and both expressed to be brought under Rule 5 (2) (b) and 42 of the Court of Appeal Rules, and Sections 3A, 3B of the Appellate Jurisdiction Act, Cap 9, of the Laws of Kenya. They are premised on the grounds stated in the body of each application. The application No. 269 “A” of 2013 is supported by affidavit deponed by one Joseph Gathuku and the No. 270 “A” of 2013 is supported by a 48 paragraph affidavit deponed by one Mary Njuku. The supporting affidavits were filed simultaneously with the applications. We traced no replying affidavits in opposition to these applications but learned counsel for the respondents in each made submissions on points of law in opposition to the consolidated applications.

Both applications ar…