CHINA GEZHOUBA GROUP V. JTG ENTERPRISES LIMITED & THE HON. ATTORNEY GENERAL
(2024) JELR 112104 (CA)
Court of Appeal
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CIVIL APPLICATION NO. E145 OF 2024
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24 May 2024
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Kenya
Coram
D. K. MUSINGA, JUDGE OF APPEAL
K. M'INOTI, JUDGE OF APPEAL
G. W. NGENYE-MACHARIA, JUDGE OF APPEAL
Judgement
<p style="text-align: center"><strong><u>RULING OF THE COURT</u></strong></p><p style="text-align: justify">1. The applicant’s notice of motion dated 25th March 2024 seeks stay of execution of the orders issued by the High Court (<strong><em>Mabeya, J.</em></strong><em>)</em>, on 21st March 2024 and any other consequential orders flowing therefrom in <strong>Nairobi HCCOMM No. E649 of 2021 </strong>between the parties herein, compelling the applicant to deposit the sum of <strong>Kshs.598,708,457 </strong>in an interest earning account in the joint names of the advocates for the applicant and the 1st respondent within 15 days from the date of the ruling.</p><p style="text-align: justify">2. In the affidavit in support of the application sworn by <strong><em>Tang Yazhou</em></strong>, the General Manager of the applicant, he stated, <em>inter alia</em>, that on 9th August 2023, Mabeya, J. delivered judgment in favour of the 1st respondent against the applicant in the aforesaid suit in the sum of <strong>Kshs. 682,763,004.92 </strong>plus costs and interest on account of alleged breach of a sub-contract by the applicant; that on 16th August 2023 the applicant filed an application for stay of execution of the said judgment pend…</p>