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HALAI & ANOTHER V. THORNTON & TURPIN (1963) LTD

(1990) JELR 104835 (CA)

Court of Appeal  •  Civil Application NAI 15 of 1990  •  8 May 1990  •  Kenya

Coram
Johnson Evan Gicheru, Zakayo Richard Chesoni, Abdul Majid Cockar

Judgement

RULING

On February 6, 1990, the High Court (Shields, J) gave judgment for the respondent against the applicants for Kshs 2,429,340 plus costs. The respondent was a sub-contractor to the applicants in a construction development in Nairobi. Out of the sum of Kshs 11,738,000 certified by the architects as due to the respondent by the applicants the latter had paid Kshs 9,442,800 leaving a balance of Kshs 2,295,200 to which the special damages of Kshs 134,140 were added.

The applicants first applied to the superior court for a stay of execution on February 27, 1990, and on March 28, 1990 the learned judge granted a stay for three weeks from that date on condition that if by the end of the three weeks the applicants would have deposited the decretal amount into a joint interest bearing account in the names of MA Khan and Anthony Gross, the stay would continue until the determination of the appeal to this court.

The applicants were dissatisfied with the learned judge’s ruling and hence they ap…

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