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Iraru Holdings Ltd v. Canadian Foodgrains Bank, Transami (Kenya) Ltd (Now Knowns SDV Transami (K) Ltd & Societe General De Surveillance (SGS) Kenya Ltd

(2006) JELR 105324 (CA)

Court of Appeal  •  Civ Appli 179 of 2006  •  27 Oct 2006  •  Kenya

Coram
Samuel Elikana Ondari Bosire, Philip Nyamu Waki, Erastus Mwaniki Githinji

Judgement

RULING OF THE COURT

Iraru Holdings Limited, the applicant, is a limited liability company, and the plaintiff in Nairobi High Court Civil Case No. 1475 of 2000, still pending for determination. Canadian Foodgrains Bank (1st respondent); Transami (Kenya) Limited, (2nd respondent); and Societe Generale De Surveillance (SGS) Kenya Limited (3rd respondent) are named as defendants in that suit. The detailed particulars of the claim in that suit against the respondents are not material in the determination of the application before us, which is expressed to be brought under rule 5(2)(b) and 47 of the Court of Appeal Rules (the Rules).

There is a line of authorities, among them, Silverstein v. Chesoni [2002] 1EA 296 (CAK) which set out the principles to guide the Court in applications under rule 5(2)(b), aforesaid. To succeed the applicant must not only show his appeal or intended appeal is arguable, but also that unless he is granted an injunction, stay of execution or stay of proceedings as t…

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