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Mashreq Bank PSC v. Kuguru Food Complex Limited

(2020) JELR 99213 (CA)

Court of Appeal  •  Civil Appeal (Application) 255 of 2020  •  4 Dec 2020  •  Kenya

Coram
Hannah Magondi Okwengu, Jamila Mohammed, Patrick Omwenga Kiage

Judgement

RULING OF THE COURT

[1] On 4th October 2019, the High Court (Kasango J) delivered a ruling in HC (Commercial Tax Division) Civil Case No. 1287 of 1999 (High Court Suit) in which it, inter alia, rejected an application made by Mashreq Bank P.S.C. (applicant) to have its name struck out from the suit contending that its assets and liabilities were transferred to Dubai Bank. The Court ruled that there was no evidence that the liability in the dispute subject of the suit was transferred to Dubai Bank and that in addition the applicant’s counsel had confirmed that the applicant was based and is operating in Dubai.

[2] The applicant is dissatisfied with the Ruling in the High Court Suit and has filed an appeal against that Ruling. The applicant has now moved this Court under Rule 5(2)(b) of this Court’s Rules, for an order of stay of further proceedings in the High Court suit pending the hearing and determination of its appeal.

[3] The motion is supported by an affidavit sworn by Mostafa Abdel…

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