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STANDARD CHARTERED FINANCIAL SERVICES LIMITED & 2 OTHERS
V.
MANCHESTER OUTFITTERS (SUITING DIVISION) LIMITED (NOW KNOWN AS KING WOOLLEN MILLS LIMITED & 2 OTHERS

(2016) JELR 94404 (CA)

Court of Appeal 8 Apr 2016 Kenya
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Case Details

Suit Number:Civil Application Nai. 224 of 2006
Judges:Wanjiru Karanja, John Wycliffe Mwera, Hannah Magondi Okwengu, George Benedict Maina Kariuki, Philomena Mbete Mwilu
Location:Nairobi
Other Citations:Standard Chartered Financial Services Limited & 2 others v. Manchester Outfitters (Suiting Division) Limited (Now Known As King Woollen Mills Limited & 2 others [2016] eKLR

RULING OF THE COURT

Introduction

[1] What is before us is a notice of motion brought under sections 64 and 79(9) of the former Constitution (now repealed); section 3 of the Appellate Jurisdiction Act; section 3 of the Judicature Act and Rule 1(2) of the Court of Appeal Rules. It is a rare application in which the applicants seek to have the judgment of this Court re-opened, re-examined, declared a nullity, set aside, and the appeal heard afresh. The applicants are Standard Chartered Financial Services Limited and A. D. Gregory (hereinafter the 1st and 2nd applicants respectively). The two, together with one C.D. Cahill, were the respondents in the appeal, whilst Manchester Outfitters (Suiting Division) Limited (now known as King Woollen Mills Limited ) and Gallot Industries Limited, (now the respondents to the present application), were the appellants

Background

[2] The concatenation of events leading to the appeal was sparked off by a suit that was filed in the High Court by the responde…

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