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Mea Limited, Cristle Limited & Lee Ngugi v. Eastern and Southern African Trade and Development Bank

(2020) JELR 99159 (CA)

Court of Appeal  •  Civil Application E016 of 2020  •  4 Dec 2020  •  Kenya

Coram
Wanjiru Karanja, Jamila Mohammed, Sankale ole Kantai

Judgement

RULING OF THE COURT

The Motion dated 15th July, 2020 is brought under rule 5(2) (b) of the Rules of this Court. It is prayed in the main that pending the hearing and determination of the application and of an intended appeal we grant an order of stay of execution of the ruling and orders of the High Court issued on 2nd July,2020 (Kasango, J.). In grounds in support of the Motion and in a supporting affidavit of E.M. Muriuki, the Managing Director of the 1st applicant MEA Limited, it is said that the High Court allowed a Motion where summary Judgment had been sought pursuant to Order 36 Rule 1(1) (a) Civil Procedure Rules 2010; that the summary Judgment application was premised on alleged breach by the applicants of a Deed of Debt Settlement entered into between the parties by which the applicants undertook to pay an outstanding debt owed to the respondent; that summary Judgment application was filed one day after the applicants entered Appearance to defend the suit; that the applicatio…

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