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…NO 2755 OF 1994) ************************ RULING OF THE COURT There is a notice of motion before us taken out by the respondents under rules 80 and 85(1)(f) of the Court of Appeal Rules to strike out the appeal on the ground…

…The respondents will have the costs of both the appeal and the motion. Dated and delivered at Nairobi this 23rd day of September, 1996. R. O. KWACH ……………………… JUDGE OF APPEAL A. M. AKIWUMI ……………………….. JUDGE OF APPEAL A.…

…The applicant has explained the delay from 25th October, 1995 to 21st May, 1996, when he filed this motion, to ill health and since he appears to be acting in person, I think it is excusable.…

….………….APPLICANT VERSUS ARAB AFRICA LIMITED………………………………………………RESPONDENT RULING By the motion filed on 8/5/91 in the court the applicant/debtor sought to move the court under section108 of the Bankruptcy Act and Rules 144 and…

…By a further misfortune, before the substantive appeal could come on, Ranchod died on January 14, 1984, and Bhavin, the son of Ranchod and Hiraben has now applied by Notice of Motion to this court under Rules 42 and 96:-…

…It will be observed that the form of the Motion is to appoint (1) Bhavin to represent “the first appellant now deceased”, whom we take to mean Ranchod himself, and (2) Bhavin and Lalita to represent “the second appellant…

…For these reasons we would refuse the leave to appeal sought in the applicant’s notice of motion filed in this Court on 13 September 1990. We would make no order as to the costs of this application.…

…Magolo did not move this court under the said provisions as he did not file an application by way of Notice of motion supported by affidavit but opted to apply for revision.…