MENNO TRAVEL SERVICES LIMITED V. KEMBI GITURA T/A KEMBI GITURA & COMPANY ADVOCATES

RULING OF THE COURT

This application expressed to be brought under rule 5(2)(b) of this Court’s Rules seeks two orders that:-

“1. Pending the lodging, hearing and determination of the applicant’s intended appeal:-

(a) Proceedings in Miscellaneous Civil Application No. 986 of 2003, in the matter of an arbitration between Kembi Gitura t/a Kembi Gitura and Company Advocates v. Menno Travel Service Limited be stayed.

(b) The execution of the decree issued on 8^th June, 2004; the order issued on 30^th March, 2006 directing amongst others, that the applicant’s shares in Menno Plaza Limited be attached and sold through a broker and the order of 13^th March, 2007 in Miscellaneous Civil Application No. 986 of 2003, in the matter of an arbitration between Kembi Gitura t/a Kembi Gitura and Company Advocates v. Menno Travel Services Limited be stayed.

2. The costs of and incidental to this application abide the result of the appeal.”

The decree emanates from the dismissal by the superior court (Kasango, J…