Foam Plastics Ltd & 2 others v Suleiman Consult Ltd & 3 others

Foam Plastics Ltd & 2 others v Suleiman Consult Ltd & 3 others (Civil Appeal (Application) E438 of 2023) [2026] KECA 1748 (KLR) (25 September 2026) (Order) Neutral citation: [2026] KECA 1748 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI CIVIL APPEAL (APPLICATION) E438 OF 2023 JW LESSIT, JA SEPTEMBER 25, 2026 BETWEEN FOAM PLASTICS LIMITED ............................................................. 1ST APPLICANT PREMJI VALJI PINDORIA .............................................................. 2ND APPLICANT JITENDA VALJI MULJI .................................................................... 3RD APPLICANT AND SULEIMAN CONSULT LIMITED ............................................... 1ST RESPONDENT CHIEF LAND REGISTRAR ........................................................ 2ND RESPONDENT REGISTRAR OF COMPANIES ................................................... 3RD RESPONDENT HONOURABLE ATTORNEY GENERAL ................................. 4TH RESPONDENT (Being an application for stay of execution and extension of time to lodge and serve the Notice of Appeal, Memorandum of Appeal and Record of Appeal from the Judgment and Decree of the Environment and Land Court at Nairobi (Oguttu Mboya J.) delivered on 9th March, 2023 in E.L.C. Case No. E284 of 2021) ORDER 1. The applicants led an application dated 7th September, 2023 pursuant to rule 4 and 5 (2)(b) of the Court of Appeal Rules [the Rules], 2022. They seek leave to le a notice of appeal, memorandum of appeal and record of appeal out of time. They also seek an order for stay of execution of judgment dated 9th March, 2023. 2. Subsequently, the applicant led a notice of withdrawal dated 19th September under rules 98(1) and 25(1) of the Rules seeking to withdraw their application dated 7th September, 2023. https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1748/eng@2026-09-25 1

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