DEVELOPMENT BANK OF KENYA LTD V. PALM HEALTHCARE INTERNATIONAL LIMITED (IN RECEIVERSHIP

RULING OF THE COURT

The applicant, Development Bank of Kenya Limited, presented to this Court on 13^th August 2013 an application by way of a notice of motion dated 12^th August 2013 seeking, inter alia:

“an order of stay of execution of the ruling by (Havelock J) delivered on 31^st July 2013 and any consequential decree or order pending the hearing and determination of the appeal filed by the applicant.”

The notice of motion was supported by an affidavit sworn on 12^th August 2013 by Celestine Otieno, the Company Secretary of the applicant (Bank).

Palm Healthcare International Limited (in receivership), the respondent, did not file a replying affidavit to the application.

The application came up for hearing before us on 6^th November 2013. Learned counsel Miss Faith Simiyu appeared for the applicant while learned counsel Mr. Paul Ongunde appeared for the respondent.

The background to the application is that on 28.4.2010, the respondent sued the applicant in Civil Suit No.264 of 2010 in the Com…