MWANIKI WA NDEGWA V. NATIONAL BANK OF KENYA LTD & 3 OTHERS

RULING OF THE COURT

By this application by way of an amended notice of motion and expressed to be brought under rule 5(2)(b) of the Rules of the Court Mwaniki Wa Ndegwa, the applicant, seeks two basic orders, namely:

“1 That pending the hearing and determination of Civil Appeal No 124/08, the 1^st and 3^rd respondents be and are hereby restrained by themselves or agents from in any way transferring advertising, realizing and/or in any manner disposing of or in any adverse way dealing with the appellant/applicant’s property L.R. No. 3734/198 Lavington Nairobi, being the suit property herein.

2 That there be a stay of execution of the judgment and decree of the High Court given on 4/4/08 in HCCC 86 of 2000 and all consequential orders more specifically for recovery of costs by the 1^st respondent pending the hearing and determination of Civil appeal no 124/08”

The applicant and the 2^nd respondent have been business associates in the distributorship of beer. In or about 1991 and 1996 the 1^st re…