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…the suit but deferring such dismissal until the application for amendment was heard has already been struck out as that appeal was filed without a certified copy of the orders appealed against having been included in the record…

…of appeal.…

…It is not an issue which this court can decide, as the proposed mortgage has not been included in the record of appeal; but it is apparently referred to in paragraph 6 of the appellants affidavit ( filed on February 4, 1986…

…I shall set out these headings, at this stage and I will endeavour to paraphrase the various events to which reference is made in the record of appeal in order to relate the submissions to them and also in an attempt to place…

…Mr Englehart submitted that if the various events to which he referred in the record of appeal and which were well documented, namely the gradual erosion of Mr Brahmbhatt’s position and shareholding; the strange use of the…

…Counsels for the Commission, in his submission submitted that the Commission was served with the notice of appeal and the record of appeal and that was the reason for his attendance.…

…Page 11 of the record of appeal shows Caltex Oil (Kenya) Ltd’s invoice indicating a sale on 20th September, 1988 of an amount of 5,478.55 m/ton. to SOSCO. SOSCO is shown to have received the fuel oil. 47.…