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Kenya Oil Company Limited v. Jayantilal Dharamshi Gosrani

(2010) JELR 100005 (CA)

Court of Appeal  •  Civil Application 117 of 2010  •  11 Jun 2010  •  Kenya

Coram
Philip Nyamu Waki

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

CIVIL APPLICATION NO. 117 OF 2010

BETWEEN

KENYA OIL COMPANY LIMITED ................................................APPLICANT

AND

JAYANTILAL DHARAMSHI GOSRANI .....................................RESPONDENT

(An application for stay of execution of the decree pending the lodging, hearing and determination of an intended appeal from the judgment of the High Court of Kenya at Nairobi (Khaminwa, J.) dated 21st December, 2009

in

H.C.C.C. NO. 39 OF 2005)

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

R U L I N G

On the 3rd of June, 2010, I declined to certify as urgent, the notice of motion filed herein on the same day. I was not satisfied on the material placed before me that it was urgent. The motion seeks an order under rule 5 (2) (b) of the rules of this Court for stay of execution of a decree ensuing from the judgment of the superior court (Khaminwa J) delivered on 21st December, 2009. In the judgment, the applicant here was ordered to pay in excess of Shs. 97 million with interest t…

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