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Delphis Bank Limited v. Channan Singh Chatthe, Satwant Singh Chatthe, Sukhwinder Singh Chatthe, Raghbir Singh Chatthe t/a Channan Agricultural Contractors, Charanjit Singh Hayer & Rajnikant karsandas Somaia

(2006) JELR 106812 (CA)

Court of Appeal  •  Civil Application No. 136 of 2005  •  31 Mar 2006  •  Kenya

Coram
Philip Kiptoo Tunoi, Erastus Mwaniki Githinji, William Shirley Deverell

Judgement

RULING OF THE COURT

This is an application by Notice of Motion dated 20th May 2005 under rule 5(2(b) of the Court of Appeal Rules (the Rules) seeking an order that, pending the lodging, hearing and determination of the applicant’s intended appeal, there be a stay of all further proceedings in Kisumu High Court Civil Case No. 164 of 2003. The applicant is Delphis Bank Ltd being the defendant in the High Court. The intended appeal is against the decision of the High Court at Kisumu (Tanui J.) made on 4th May 2005 by which he summarily dismissed the applicant defendant’s counterclaim.

The suit in which this application was made was one brought by four individuals named Channan Singh Chatthe, Satwant Singh Chatthe, Sukwinder Singh Chatthe and Ragbir Singh Chatthe (hereinafter each individually referred to by their first names) trading in partnership as Channan Agricultural Contractors (Kenya) hereinafter collectively referred to as the “plaintiffs”).

The said partnership was the registered o…

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