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Ajay Shah v. Trust Bank Ltd & Nitin Chandaria Vinod Patel

(2001) JELR 106242 (CA)

Court of Appeal  •  Civil Application Nai 279 of 2001 (156/01 UR)  •  13 Aug 2001  •  Kenya

Coram
Riaga Samuel Cornelius Omolo

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

CORAM: OMOLO, J.A. (IN CHAMBERS)

CIVIL APPLICATION NO. NAI 279 OF 2001 (156/01 UR)

BETWEEN

AJAY SHAH .................................................................................. APPLICANT

AND

TRUST BANK LTD

NITIN CHANDARIA VINOD PATEL ...................................... RESPONDENTS

(Application for stay of execution pending an appeal from

a ruling of the High Court of Kenya at Nairobi

(Ringera J) dated 9th August, 2001

in

H.C.C.S. NO. 875 OF 2001)

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

R U L I N G

There can be no doubt on the material before me that the sum the applicant has been ordered to deposit is very large. But it is the sum claimed in the plaint and the superior court thinks the applicant ought to provide security for it. I am not concerned with the matter of whether or not a stay will be granted. That is for the bench which will hear the application. The question is whether the matter is urgent and on this point, I still see no urgency. All that is being said is …

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