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KAMLESH MANSUKHLAL DAMJI PATTNI v. NASIR IBRAHIM ALI DINKY INTERNATIONAL SA WORLD DUTY FREE COMPANY LIMITED T/A KENYA DUTY FREE COMPANY

(1999) JELR 100384 (CA)

Court of Appeal  •  civil misc appl 5 of 99[1]  •  15 Jan 1999  •  Kenya

Coram
Philip Kiptoo Tunoi, Richard Otieno Kwach

Judgement

REPUBLIC OF KENYA

IN THE COURT TO APPEAL

AT NAIROBI

(CORAM: KWACH, TUNOI and SHAH, JJ.A.)

CIVIL APPLICATION NO. NAI. 5 OF 1999

BETWEEN

KAMLESH MANSUKHLAL DAMJI PATTNI ........................................................ APPLICANT

AND

NASIR IBRAHIM ALI

DINKY INTERNATIONAL S.A.

WORLD DUTY FREE COMPANY LIMITED

T/A KENYA DUTY FREE COMPLEX .......................................................... RESPONDENTS

(Application for stay of the ruling and all orders in the High Court of Kenya at Nairobi, (Ole Keiwua, J.) dated 31st December, 1998 in

H.C.C.C. NO. 418 OF 1998)

*******************

REASONS FOR RULING OF TUNOI, J.A.

The rulings prepared by Kwach and Shah, JJ.A. have set out fully the facts giving rise to this application and I find it unnecessary to repeat them.

I agree with them that there are serious misdirections in the ruling of the learned judge of the superior court and that he should not have made the orders that he did.

In the motion on notice the respondents only prayed that th…

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