Trust Bank Limited v Aces High Limited, Nagib Jafferali Popat & Shelina Popat Lanoe [2017] KEHC 6656 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

COMMERCIAL & ADMIRALTY DIVISION

HCC.  NO. 2060 OF 2000

TRUST BANK LIMITED(In liquidation)……….……………PLAINTIFF

VERSUS

ACES HIGH LIMITED…………………....………....… 1ST DEFENDANT

NAGIB JAFFERALI POPAT …………………….........2ND DEFENDANT

SHELINA POPAT LANOE ………………………….. 3RD DEFENDANT

RULING

1. Although this Court is asked to consider and determine the Notice of Motion of 26th August, 2016, Counsel for the Applicant and Respondents may not have been aware of what proceeded before Court on 4th November 2013.

2. The matter was before Havelock J. on that day and this is what happened,

“BY COURT:

The Plaintiff’s application dated 26th August 2013 sought reinstatement of this 13 year old suit dismissed by Court on 1st March 2012. As there is no appearance by the Plaintiff, the same stands dismissed with costs to the Defendants”.

3. It would therefore seem that the Application of 26th August 2013 was dealt with then and is spent.

4. Now brought to their attention, parties may want to propose the way forward.

Dated, Signed and Delivered in Court at Nairobi this 23rd  day of March, 2017.

F. TUIYOTT

JUDGE

PRESENT;

Limo for Plaintiff

Kamau h/b for Gondi for Defendant

Alex - Court Clerk