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Darasa Investment Limited v. Dubai Bank Kenya Limited (In Liquidation)

(2019) JELR 102874 (CA)

Court of Appeal  •  Civil Application 301 of 2018  •  7 Jun 2019  •  Kenya

Coram
Daniel Kiio Musinga, Agnes Kalekye Murgor, Stephen Gatembu Kairu

Judgement

RULING OF THE COURT

1. The applicant, Darasa Investments Limited, has moved the Court under Sections 3A and 3B of the Appellate Jurisdiction Act and Rule 5(2)(b) of the Court of Appeal Rules for an order that pending the hearing and determination of its intended appeal, there be a stay of execution, enforcement and or implementation of the ruling and orders of the High Court (F. Tuiyott, J.) given on 28th September 2018 in High Court Civil Case No. 145 of 2017.

2. In that ruling, the High Court allowed an application by the respondent, Dubai Bank Kenya Ltd (in Liquidation), and granted an order against the applicant permitting the following and tracing of the applicant's assets; an order for full disclosure of the applicant’s unencumbered assets to the value of Kshs.103,421,770.85 as at 24th August 2015 or such other amount sufficient to answer the respondent's claim; and upon such tracing, assets to that value to be frozen to answer to the respondent's claim pending the hearing and det…

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