SAFE CARGO LIMITED
V.
EMBAKASI PROPERTIES LIMITED & 2 ORS.

RULING OF THE COURT

1. It is common ground that the main peal has been heard and was pending delivery of judgment when this motion was filed. It follows the application is unique as the hearing of the main appeal has been concluded.

2. Before us is a Notice of Motion application dated 31^st December 2018 brought inter alia under Rule 29 (1) (b) of the Rules of this Court seeking orders as follows:

(i) The supporting affidavit of Ajit Shah.

(ii) The affidavit of Priscilla Njeri Wango.

(iii) The affidavit of Gordon Ochieng.

(iv) The annexed witness statements of Priscilla Njeri Wango and Gordon Ochieng filed in ELC Case No. 233 of 2009 (Embakasi Properties Limited -v- Kuehne and Nagel Limited and 3 Others).

3. At the hearing of the application, learned Senior Counsel Mr. George Oraro, appeared for the applicant, Mr. Mohammed Nyaoga appeared for the 1^st respondent while Mr. Eredi, Senior Deputy Chief State Counsel appeared for the 2^nd and 3^rd respondents. All parties filed a digest of authoritie…