RULING OF THE COURT
This ruling is in respect of a reference to a full bench from the ruling of a single judge, (J. Mohammed, J.A.) dated 13th August 2021. The background to the reference is well set out in the impugned ruling, but for the purpose of contextualising this decision, we shall briefly set it out.
On 27th November 2007 the 1st respondent filed an appeal from the order and ruling of the High Court dated 2nd October 2007 in Winding-Up Cause No. 22 of 2006. Subsequently, an application was made by several respondents to strike out the appeal for non- service of the record of appeal. The application was allowed, with the result that the appeal was struck out, and costs thereof as well as of the application awarded to the respondents.
Charles Lutta Kasamani, previously an advocate of the High Court of Kenya practising in the name and style of Kasamani & Co. Advocates, is the 10th respondent in the appeal. Between 2001 and 2005 he had rendered services to United Insurance Company a…