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Mungai Muchiri, Titus Gatitu Njau, Withanje Githaiga & James Mungai Thindiu v. Theluji Dry Cleaners Limited

(2004) JELR 98831 (CA)

Court of Appeal  •  Civil Application 361 of 2002  •  12 Mar 2004  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, John walter Onyango Otieno, Erastus Mwaniki Githinji

Judgement

RULING OF THE COURT

This application by way of notice of motion dated 11th December, 2002 is seeking five orders which are that:-

"1. The order of 3rd December 2002 by Mr. Justice A.G.A. Etyang in Eldoret H.C.C.C. No. 169 of 2002 be stayed pending the hearing and determination of the intended appeal.

2. That Isaac Karugu Njenga, Joseph Mburu Mwangi, Christopher Komu Mungai, Nganga Kinuthia Mirie, James Wangewa, James Gitau Githinji and Willie Ndungu Muiru (hereinafter referred as "New Directors of the Respondent") be restrained from managing, running and or acting as directors of the Respondent pending the hearing and determination of the intended appeal.

3. That the Applicants do continue acting as directors of the Respondent pending the determination of the intended appeal.

4. That there be an order of stay of further or other proceedings in Eldoret H.C.C.C. No. 169 of 2002 pending the determination of the intended appeal."

The application is brought under Rule 5(2) (b) of the Court of Ap…

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