ROTHMAN'S HOLDINGS LIMITED NAUSHAD JIWA vs LADAK ALIAS AMIN JAFFER GULAMHUSEIN [2003] KECA 106 (KLR)

REPUBLIC OF KENYA

IN THE COURT OF APPEAL

AT MOMBASA

CORAM: GICHERU, TUNOI & LAKHA, JJ.A.

CIVIL APPLICATION NO. NAI 268 OF 2002

BETWEENROTHMAN'S HOLDINGS LIMITED NAUSHAD JIWA ...................................... APPLICANTS ANDAMIN LADAK ALIAS AMIN JAFFER GULAMHUSEIN .......... RESPONDENTAND

AMIN LADAK ALIAS AMIN JAFFER GULAMHUSEIN  ..........RESPONDENT

(Being an application to strike out the notice of appeal

from the ruling of the High Court of Kenya at

Mombasa (Waki J) dated 9th January, 2001

in

H.C.C.S. NO. 458 OF 2000)

RULING OF THE COURT

As the respondent has failed to institute an appeal within the prescribed time or at all after the filing of the Notice of Appeal, such notice filed on 22-1-01 is hereby strucIkt ofuto.llows that the order of the superior court made on 27-7-01 is set aside and the monies in the joint account be released to the applicants. Applicants to have the costs of the application. Made at Mombasa this 23rd day of January, 2003.

J. E. GICHERU --------------- JUDGE OF APPEAL

P. K. TUNOI --------------- JUDGE OF APPEAL

A. A. LAKHA --------------- JUDGE OF APPEAL

I certify that this is a true copy of the original. DEPUTY REGISTRAR