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DAVID KIBERIA & QUINSTAR (K) LIMITED v. MERU CENTRAL FARMERS CO-OPERATIVE UNION LIMITED & NATIONAL BANK OF KENYA

(2000) JELR 102986 (CA)

Court of Appeal  •  civil misc appl 284 of 99  •  11 Feb 2000  •  Kenya

Coram
Emmanuel Okello O'Kubasu

Judgement

RULING OF THE COURT

This is an application by the unsuccessful defendants under rule 5(2)(b) of the Court of Appeal Rules (the Rules) seeking a stay of execution of the ruling and order of the superior court given on 11 August 1999 and of the decree therein pending an appeal and a further order for stay of proceedings in Meru HCCC 328 of 1994 pending the appeal.The facts giving rise to this application may be briefly stated. On 16 June, 1998 the superior court, pursuant to an application made on behalf of the First Respondent, entered summary judgment against the applicants in the sum of K.Shs.455,560/= and costs and interest. A notice of appeal was filed against the judgment but no appeal has as yet been filed. Nor did the record of this application have a certified copy of the judgment included therein. The applicants then applied to the superior court by their application dated 10 December, 1998 to have the judgment set aside and alternatively for a stay. This application was brough…

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