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KEA N. BARUA & AURELIA KWCZYNSKA v. TOWN CONSTRUCTION COMPANY LIMITED

(2009) JELR 100371 (CA)

Court of Appeal  •  Civil Appli 47 of 2005 (UR 25/2005)  •  5 Jun 2009  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Alnashir Ramazanali Magan Visram, Erastus Mwaniki Githinji

Judgement

RULING OF THE COURT

This is an application under Rule 5 (2) (b) of the Court of Appeal Rules for an order that the ruling and execution of the ruling of Kuloba J dated 13th October, 2003 in H.C.C.C. No. 2389 of 1998 and delivered by Lenaola J. on 13th November, 2003 be stayed until the intended appeal against the ruling of Lenaola J. dated 18th February, 2005 is lodged and determined.

The application is supported by the affidavit of Dr. K. N. Barua, the first applicant which sets out the history of the dispute partly, thus:

By a plaint dated 30th October, 1998, Town Construction Limited, the respondent herein, filed a suit in the superior court, H.C.C.C. No. 2389 of 1998 against the applicants herein who are husband and wife claiming Shs.15,681,027/= plus interest being the unpaid remuneration under a building contract. The respondent averred in the plaint, inter alia, that on 9th June, 1995, the respondent entered into a building contract with the respondents’ whereby the respondent was…

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