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DHARMESH KUMAR RAMJI VIRPAL SHAH V. INVESTMENTS & MORTGAGE BANK LIMITED & HARIT SHETH

(2007) JELR 105274 (CA)

Court of Appeal  •  Civil Appli. Nai 39 of 2007 (UR 26/07)  •  30 Mar 2007  •  Kenya

Coram
Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, Erastus Mwaniki Githinji

Judgement

RULING OF THE COURT

This application by the applicant, the 3rd plaintiff in the suit, made under rule 5 (2) (b) of the Rules of this Court, seeks an order of stay of any further proceedings in the superior court in HCCC No. 2335 of 1997 pending the hearing and determination of his intended appeal against the ruling and orders of Azangalala J made on 17th November, 2006.

By a Notice of Motion expressed to be brought under the provisions of Order 10 Rule 13 of the Civil Procedure Rules, the Evidence Act and the Inherent Powers of the Court the applicant sought in the superior court an order that the respondents do produce under oath before the next hearing date the documents listed below: -

1. Annual Report and Audited Accounts for the 1st respondent for the years 1994, 1995, 1996 and 1997.

2. Central Bank Inspection Report on the 1st respondent for the years 1994, 1995, 1996 and 1997.

3. Terms and conditions to the Loan application.

4. Particulars of all charges and securities pledged to t…

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