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Dinesh Kumar Jetha v. Fina Bank Limited

(2016) JELR 102701 (CA)

Court of Appeal  •  Civil Application 26 of 2013)  •  17 Jun 2016  •  Kenya

Erastus Mwaniki Githinji, Paul Kihara Kariuki, James Otieno Odek



The instant application is unique as it seeks a simultaneous stay of execution of a judgment and ruling by two different Judges delivered at different times in relation to the same dispute between the parties. The first prayer seeks stay orders against the judgment and decree of Khaminwa, J. (deceased) delivered on 4th November 2011; the second prayer seeks stay of the ruling and order of Havelock, J. delivered on 15th November 2012. The subject matter in dispute is Nairobi LR No. 991/13 and or Flat No. C1 Riverside Drive situate in the City of Nairobi within LR NO. 991/13.

To understand the present application, it is necessary to give background facts to the dispute between the parties and the context of the judgment and ruling that are subject of the intended appeal.

At all material times in this suit, the applicant, Mr. Dinesh Kumar Jetha is the registered proprietor of Flat No. 1 Block C along Riverside Drive situate on LR No. 991/13 situated in the city of Nairob…

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