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TRADE BANK LIMITED (IN LIQUIDATION)
V.
L. Z. ENGINEERING CONSTRUCTION LIMITED

(1997) JELR 93436 (CA)

Court of Appeal 8 May 1997 Kenya
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Case Details

Suit Number:Civil Appeal 174 & 175 of 1994
Judges:Riaga Samuel Cornelius Omolo, Amrittal Bhagwanji Shah, Philip Kiptoo Tunoi
Location:Nairobi
Other Citations:Trade Bank Limited (In Liquidation) v. L. Z. Engineering Construction Limited [1997] eKLR

RULING OF THE COURT

By an application dated 24th April , 1997 the respondent to this appeal, L.Z. Engineering Construction Limited (hereinafter referred to as L.Z.) seeks orders to strike out Civil Appeal No. 174 of 1994 filed by Trade Bank Limited (in Liquidation) (hereinafter referred to as T.B.). The application is stated to be brought under Rules 42(1) and 80 of the Rules of this court (the Rules).

By a similar application of the same date L.Z. seeks striking out of Civil Appeal No. 175 of 1994, which appeal is also filed by T.B.

The two notices of motion filed by L.Z. do not follow the form prescribed by rule 42(1) which reads:

“42 (1) Subject to the provisions of sub-rule (3) and to any other rule allowing informal application, all applications to the court shall be by motion, which shall state the

grounds of the application.

(2) A notice of motion shall be substantially in Form A in the First Schedule hereto and shall be signed by or on behalf of the applicant.

Whether L.Z. was entitl…

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