DELPHIS BANK LTD V. CHANNAN SINGH CHATTHE, SATWANT SINGH CHATTHE, SUKHWINDER SINGH CHATTHE, RAGHBIR SINGH CHATTHE, CHANNAN AGRICULTURAL CONTRACTORS, CHARANJIT SINGH HAYER & RAJNIKANT KARSANDAS SOMAIA

RULING OF THE COURT

The parties herein were all set for the inter parte hearing of the application filed on 23.05.05 seeking a stay of all further proceedings in Kisumu HCCC 164/03. The application had been set down for hearing on priority basis due to its certified urgency.

However, learned counsel for the applicant, Mr. Regeru, sought our directions on one issue, which we allowed him to raise, and which we have to determine in limine. The issue is the participation of learned Counsel Mr. Menezes in the proceedings. It was not the first time Mr. Regeru raised that issue. He did so in similar fashion before the superior court on 04.05.05 but he was shot down with a short, sharp order, thus: -

“The objections raised do not appear to affect the position of Mr. Menezes as a counsel who prepared the charges. Hearing to proceed”.

No reasons were given for that ruling and we are told it is one of the issues that will be raised on appeal before this Court. As such we cannot say too much about it…