REPUBLIC OF KENYA

IN THE COURT OF APPEAL AT

CIVIL APPLICATION NO. NAI OF 2000

IN THE MATTER OF AN INTENDED APPEAL

BETWEEN
CONSTRUCTION
COMPANY LIMITED.. .. .. .. . APPLICANT

AND

& SONS LIMITED.. .. .. .. RESPONDENT

(Application for leave to substitute the liquidator, Deposit Protection

Fund Board for Corporation a necessary party in Civil Application No. Nai
of 2000 and in an intended Appeal from the Judgment and Decree of the
High Court of Kenya at (Honourable Mr. Justice Shields) dated 26th day
of November, 1992 in the High Court Civil Case No. of 1989)

BETWEEN

& SONS LIMITED.. .. .. PLAINTIFF

VERSUS

CORPORATION
LIMITED.. .. .. .. .. .. 1ST DEFENDANT
KARUGU CONTRACTORS
(KENYA) LIMITED.. .. .. .. 2ND DEFENDANT
CONSTRUCTION
COMPANY LIMITED.. .. .. 3RD DEFENDANT
 NOTICE OF MOTION
( Under Section 228 and Section 241 (1) (a) of the Companies Act and
Rule 42 of the Court of Appeal Rules , 12)

TAKE NOTICE that on the day of 2000 at 9.00 a.m Messrs and
Company, Advocates for the above named Applicant will move a Judge
of the Court of Appeal FOR ORDERS THAT :-
1. Leave be granted to substitute the liquidator DEPOSIT
PROTECTION FUND BOARD, for CORPORATION, a
necessary party in the intended Appeal and to read as
follows:-
DEPOSIT PROTECTION FUND BOARD, the liquidator for
Corporation Limited
(in liquidation)
2. That Civil Application No. Nai. of 2000 dated 7 th April,
2000 which is pending before this Honourable Court, and
the Intended Appeal herein do proceed
3. The costs of this Application abide the result of the said
Appeal, or be dealt with as the justice of the case shall
seem to require
ON THE GROUNDS THAT :-

a) Corporation, the 1st Defendant in HCCC No. of 1999

was placed in liquidation on 29th October, 1996 and
 the Deposit Protection Fund Board is the duly
appointed liquidator of the 1st Defendant pursuant to
section 35(a) of the Banking Act, Cap. 488 of the Laws
of Kenya.

b) That Civil Application No. Nai. of 2000 dated 7th April,

2000, an application for extension of time to file, out
of time, the Notice and Record of Appeal,
respectively, in the intended Appeal herein, is still
pending before this Honourable Court.
c) Corporation, in liquidation, is a necessary party in the
said pending application and in the intended Appeal.
It is therefore necessary for leave of this Honourable
Court to be obtained so as to enable the Applicant
proceed with the said pending application and the
intended Appeal, with Deposit Protection Fund Board
as a party on behalf of Corporation.
THIS APPLICATION will be supported by the annexed Affidavit of
GIUSEPPE CHECCHINNI filed in support of this Application.

The Address for service of the Applicant is care of Messrs. and

Company, Advocates, , Arboretum Drive,
P. O Box , .

DATED at this day 2000.

& COMPANY
 ADVOCATES FOR THE APPLICANT
DRAWN AND FILED BY :-

Advocates

Arboretum Drive ( Our Ref.: )

P. O. Box
.

FOR SERVICE UPON

1. Mmmmmmm

2. M/s kkkkkkkk
, Liquidators of Corporation (In liquidation)
Electricity House
Harambee Avenue
P P. O. Box
Q
R 3.xxxxxxx
S

LODGED in the Registry at on the day of 2000.

DEPUTY REGISTRAR
COURT OF APPEAL

"Note :- If any party served does not appear at the time and place above
mentioned, such order will be made and proceedings taken as the Court
thinks just"