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Kaushik Panchamatia, Sunrise Hauliers Limited, Rishi Hauliers Limited & Dunga Wholesalers Limited v. Prime Bank Limited & Garam Investment Auctioneers

(2020) JELR 100203 (CA)

Court of Appeal  •  Civil Application 72 of 2020  •  7 Aug 2020  •  Kenya

Coram
Martha Karambu Koome, Roselyn Naliaka Nambuye, Milton Stephen Asike Makhandia

Judgement

RULING OF THE COURT

Before us is a Notice of Motion dated 3rd July 2020, brought under Section 3A of the Appellate Jurisdiction Act, Rule 5(2)(b), 41 and 47 of the Court of Appeal Rules, 2010, and the inherent power of the court seeking orders as follows:

“4. Pending the hearing and determination of the intended appeal, there be a stay of execution of the ruling and order of the High Court sitting at Kisumu (Cherere, J.) delivered on 24th June 2020 in Commercial Case No. 2 of 2020, Kaushik Panchamatia and 3 Others v. Prime Bank Limited and Another.

5. Pending the hearing and determination of the intended appeal against the ruling and decree of the High Court sitting at Kisumu (Cherere, J.) delivered on 24th June 2020 in Case No. 2 of 2020, Kaushik Panchamatia and 3 Others v. Prime Bank Limited and Another, there be temporary injunction restraining the 1st and 2nd respondents as well as their servants, representatives and/or agents from advertising and/or putting for sale and/or selling l…

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