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EXPRESS (KENYA) LIMITED v. MANJU PATEL

(1999) JELR 102585 (CA)

Court of Appeal  •  civil misc appl 122 of 99  •  8 Jul 1999  •  Kenya

Coram
Philip Kiptoo Tunoi, Richard Otieno Kwach

Judgement

RULING OF THE COURT

In this application for stay under rule 5 (2) (b) of the Rules of this Court, the applicant has failed to demonstrate that it has an arguable appeal. Moreover, there is not a slight suggestion, even if we had held that the intended appeal was not frivolous, that the respondent is a person of straw and would not be able to refund the decretal sum if the appeal was eventually successful.

This application is without merit and is accordingly dismissed with costs.

Made at Nairobi this 8th day of July, 1999.

R. O. KWACH

...............

JUDGE OF APPEAL

P. K. TUNOI

................

JUDGES OF APPEAL

A. A. LAKHA

...............

JUDGE OF APPEAL

I certify that this is a true copy of the original.

DEPUTY REGISTRAR

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