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Digital City Limited v. Multi Tools (Kenya) Limited

(2009) JELR 102706 (CA)

Court of Appeal  •  Civil Appli 294 of 2009 (UR 202/2004)  •  16 Oct 2009  •  Kenya

Riaga Samuel Cornelius Omolo, Philip Kiptoo Tunoi, Joseph Gregory Nyamu



Under Rule 5 (2) (b) of this Court’s Rules, the applicant, Digital City Limited, asks the Court to stay that part of the superior court’s order which directed the applicant to deposit the sum of Shs.1 million in a joint account to be operated by the respective advocates for the parties; that money was to be deposited as a condition upon which the applicant would be allowed to defend H.C.C.C. No. 78 of 2009, filed against the applicant by Multi Tools (Kenya) Ltd., the respondent herein. In the case in the superior court, the respondent had claimed from the applicant the sum of Shs.2,022,996.50 which was said to be due to the respondent from the applicant in respect of goods sold and delivered by the respondent to the applicant. The applicant filed a memorandum of appearance and followed that up with a statement of defence. The applicant thereafter filed a notice of motion under Order 35 Rules 1 (a) and (2) of the Civil Procedure Rules; the motion prayed for summary j…

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