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Kenya Commercial Bank Ltd v. Fisco(Kenya) Limited & another

(1996) JELR 100077 (CA)

Court of Appeal  •  Civil Appeal 109 of 1995  •  3 Jun 1996  •  Kenya

Coram
Akilano Molade Akiwumi, Amrittal Bhagwanji Shah, Philip Kiptoo Tunoi

Judgement

RULING OF THE COURT

The present application seeks several orders namely that the appeal filed by the respondent be struck out, that contain proceedings and orders of the superior court to set aside, that a Receiver appointed in respect of the applicant company do file proofs of debt and stay of proceedings. The supporting affidavit of this application does not support way of the orders sought. For instance, no affidavit evidence has been adduced to show that the respondent has failed to take an essential step in resect of its appeal. If the applicant is dissatisfied with the previous orders and rulings of the superior court he should appeal against them, not by way of the present application. the failure by the Receiver to file proofs of debt is not sufficient to strike out the appeal, and none of the conditions which must be satisfied before we can grant stay in the appeal if that is what the applicant is really seeking, have been satisfied.

In the result, this overloaded application m…

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