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Mombasa Bricks & Tiles Limited,Dinesh Kumar Zaverchand Jetha, Ateet Dinesh Jetha, Zaverchand Sojpal Jetha Holdings Ltd, Exon Investments Ltd & Exon Plastics Ltd v. Arvind Shah, Hashaben Shah, Corsani Holdings Limited, Coast Properties Ltd, Coast Clay Works Ltd, Coast Maize Millers Ltd, Spa Millersnairobi Ltd & Highway Centre Ltd

(2018) JELR 98969 (CA)

Court of Appeal  •  Civil Application 79 of 2018  •  6 Dec 2018  •  Kenya

Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja



1. The applicants herein have called upon us to exercise our discretionary power under Rule 5(2) (b) of the Court of Appeal Rules (the Rules) by issuing an order of stay of execution of a High Court judgment dated 22nd December, 2017 in H.C.C.C No. 9 of 2011 and an injunction which orders they believe will preserve the subject matter of the intended appeal to this Court against the impugned judgment. The application is anchored on two broad grounds namely, that the intended appeal is arguable and that the same would be rendered nugatory if the orders in question are not granted.

2. Before delving into the said application a brief synopsis of the pertinent facts will help to place the application in context. In the grand scheme of things, the parties herein are related in one way or another. The basis of the said relationship seems to have commenced when the 2nd and 3rd applicants being father and son respectively (the Jethas), were carrying out family businesses undeā€¦

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