Case ID:175789

Manchester Outfitters Suiting Division Limited (Now Called) King Woollen Mills Limited & another v Standard Chartered Financial Services Limited & another [2021] eKLR

Case Metadata

Case Number:

Civil Appeal (Application) 88 of 2000

Parties:

Manchester Outfitters Suiting Division Limited (Now Called) King Woollen Mills Limited & another v Standard Chartered Financial Services Limited & A.D. Gregory And C.D. Cahill

Date Delivered:

21 May 2021

Case Class:

Civil

Court:

Court of Appeal at Nairobi

Case Action:

Ruling

Judge(s):

Fatuma sichale

Citation:

Manchester Outfitters Suiting Division Limited (Now Called) King Woollen Mills Limited & another v Standard Chartered Financial Services Limited & another [2021] eKLR

Case History:

Being an appeal from the judgment of the High Court of Kenya at Nairobi (E.M. Githinji,J) dated 30th July, 1999 in HCCC NO. 5002 OF 1990

Court Division:

Civil

County:

Nairobi

History Docket No:

HCCC NO. 5002 OF 1990

History Judges:

Erastus Mwaniki Githinji

History County:

Nairobi

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

IN THE COURT OF APPEAL

AT NAIROBI

CORAM: SICHALE, JA (IN CHAMBERS)

CIVIL APPEAL (APPLICATION) NO. 88 OF 2000

BETWEEN

MANCHESTER OUTFITTERS SUITING DIVISION

LIMITED

(NOW CALLED)

KING WOOLLEN MILLS LIMITED....

1

ST

APPELLANT

GALOT INDUSTRIES LIMITED.........................................

2

ND

APPELLANT

AND

STANDARD CHARTERED FINANCIAL

SERVICES LIMITED

..........................................................

1

ST

RESPONDENT

A.D. GREGORY AND C.D. CAHILL................................

2

ND

RESPONDENT

(Being an appeal from the judgment of the High Court of Kenya at Nairobi (E.M. Githinji,J) dated 30

th

July, 1999

in HCCC NO. 5002 OF 1990)

**************

RULING

The motion dated

8

th

February, 2021

came up for hearing before me on

22

nd

March, 2021

. In the motion, the applicant, the firm of

Amolo & Gacoka

Advocates applied for an order to cease acting for

A.D Gregory

, the 2

nd

respondent herein.

The motion is supported by the affidavit of

James Gacoka Advocates

sworn on

8

th

February, 2021

and on the grounds on the face of the motion. Briefly, the applicant’s position is that it was initially acting for the 1

st

and 2

nd

respondent; that in

November, 2020

, the 1

st

respondent appointed the firm of

Oraro & Co. Advocates

to act on its behalf; that the 2nd respondent was the managing partner of KPMG, an audit firm and who was the joint receiver appointed by the 1

st

respondent; that since the retirement of the 2

nd

respondent from practice, the said firm (KPMG) has had no contact with the applicant.

There was no replying affidavit filed by the 2

nd

respondent who was served with a hearing notice by advertisement in the Standard Newspaper of

12

th

March, 2021

.

In view of the above, I think it is only fair that the firm of

Amolo &

Gacoka Advocates

should be granted leave to cease acting for the 2

nd

respondent.

Accordingly, the motion dated

8

th

February, 2021

is hereby allowed. I make no order as to costs.

Dated and Delivered at Nairobi this 21

st

Day of May, 2021.

F. SICHALE

......................................................

JUDGE OF APPEAL

I certify that this is a true copy of the original.

Signed

DEPUTY REGISTRAR