JUDGMENT
This is an application under rule 29(2) of the Rules of this Court for an order that the amended pleadings in High Court Civil Case 842 of 1976, Kenya Airways Ltd (now Cruisair Ltd) v. CMC Aviation Ltd be admitted as additional evidence in Civil Appeal 31 of 1977 which is the substantive appeal between these parties (Cruisair Ltd being the appellant, and CMC Aviation Ltd the respondent) from a decision of the High Court consequent upon a winding-up petition presented by the respondent company against the appellant company, under the Companies Act on the ground that the appellant company is insolvent and unable to pay its debts, and in the circumstances, it is just and equitable that the appellant company should be wound up.
Co-existent with the with the winding-up petition was Civil Case 842 of 1976, which has not been heard yet, in which the appellant company as plaintiff claims from the respondent company as defendant the return of an aircraft and certain equipment or their t…