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KENYA COMMERCIAL BANK LIMITED v. NICHOLAS OMBIJA

(2009) JELR 100346 (CA)

Court of Appeal  •  Civil Appli 153 of 2009 (UR 105/09)  •  24 Jul 2009  •  Kenya

Coram
Philip Kiptoo Tunoi, Daniel Kennedy Sultani Aganyanya, Alnashir Ramazanali Magan Visram

Judgement

RULING OF THE COURT

This is an application under Rule 5(2) (b) of the Court of Appeal Rules (“the Rules”) for stay of proceedings in HCCC No. 547 of 2008 pending the hearing and determination of an intended appeal.

The appeal intended herein arises from the decision of the superior court (Khaminwa, J) dated 5th March 2009 whereby the superior court struck out the applicant’s (defendant in the superior court) statement of defence; entered judgment for the respondent and proceeded to assess the damages by way of formal proof. The final judgment on quantum is pending, and is slated for delivery on 27th July 2009.

The facts that gave rise to the suit in the superior court are briefly as follows: the respondent, the Hon. Justice Nicholas R.O. Ombija, was, at the material time, a holder of the applicant bank’s credit card. He had a credit limit of Shs.50,000/=. On three different occasions, namely on 19th April, 2008, 3rd May, 2008 and 4th May, 2008, the applicant declined to accept transactio…

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