JERUSHA NAIMUTIE SHANI & JERUSHA SEMEYIAN SHANI V. EMMANUEL MATHEWS & KENYA COMMERCIAL BANK LIMITED

RULING OF THE COURT

Background

1. By way of a notice of motion dated 14th August, 2020 Jerusha Naimutie Shani (the 1st applicant) and Jerusha Semeyian Shani (the 2nd applicant) urge this Court to exercise its discretion under Rule 5(2)(b) of the Court of Appeal Rules (this Court’s Rules) and grant them orders in the main:

a. That pending the hearing and determination of the application herein, an order be granted staying execution of the Order made by C. Ochieng, J on 21st May, 2020;

b. That pending the hearing and determination of the intended appeal herein an order be granted, staying execution of the order made by C. Ochieng J;

c. That the costs and incidentals of this application do abide the outcome of the appeal.

2. A brief background of the application is that Melton Ole Shani (the Chargor) who was the husband of the 1st and 2nd applicants borrowed monies from Kenya Commercial Bank Limited (the 2nd respondent) secured by a continuing legal charge over land parcel number L.R. No. Loit…