Trust Bank Limited (In liquidation) & 1 other v Aces High Limited & 2 others

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI COMMERCIAL & ADMIRALTY DIVISION HCC. NO. 2060 OF 2000 TRUST BANK LIMITED (In liquidation)……….……………PLAINTIFF VERSUS ACES HIGH LIMITED…………………....………....… 1ST DEFENDANT NAGIB JAFFERALI POPAT …………………….........2ND DEFENDANT SHELINA POPAT LANOE ………………………….. 3RD DEFENDANT RULING 1. Although this Court is asked to consider and determine the Notice of Motion of 26 th August, 2016, Counsel for the Applicant and Respondents may not have been aware of what proceeded before Court on 4th November 2013. 2. The matter was before Havelock J. on that day and this is what happened, “BY COURT: The Plaintiff’s application dated 26th August 2013 sought reinstatement of this 13 year old suit dismissed by Court on 1st March 2012. As there is no appearance by the Plaintiff, the same stands dismissed with costs to the Defendants”. 3. It would therefore seem that the Application of 26th August 2013 was dealt with then and is spent. 4. Now brought to their attention, parties may want to propose the way forward. Dated, Signed and Delivered in Court at Nairobi this 23rd day of March, 2017. F. TUIYOTT JUDGE PRESENT; Limo for Plaintiff Kamau h/b for Gondi for Defendant Alex - Court Clerk