RULING OF THE COURT
The applicant in this Notice of Motion before us filed on 8th February, 2007, Ali K. Ahmed t/a Sky Club Restaurant, was the appellant in the High Court Civil Appeal No. 82 of 2004 at Mombasa between him and the respondent Kabundu Holdings Limited. On 12th April 2005 the applicant, filed in that appeal “a Notice of Preliminary Objection” in which he stated that Patrick Mukiri Kabundu had no capacity in law to act for the respondent Kabundu Holdings Limited; that the respondent had no locus standi to defend the proceedings in that case and that the subject matter of the proceedings therein did not belong to the respondent. Maraga J. heard that Notice of Preliminary Objection and in a ruling dated and delivered on 6th September, 2005, the learned Judge of the superior court held that the respondent Mr. Kabundu had no locus standi in that matter and was therefore debarred from appearing for the respondent in that appeal. The learned Judge also struck out the application…