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Nakuru Industries Limited v. Sirbrook (K) Limited

(2017) JELR 98614 (CA)

Court of Appeal  •  Civil Appeal 331 of 2014  •  22 Nov 2017  •  Kenya

Coram
George Benedict Maina Kariuki, Sankale ole Kantai, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

1. The appellant, Nakuru Industries Limited, has appealed against the decision of the High Court at Nakuru (Anyara Emukule, J.) made in the ruling delivered on 28th March 2014 in NKU HCCC No. 277 of 2009 (Sirbrook (K) Limited versus Nakuru Industries Limited and Direct O. Services) dismissing with costs the appellant's Chamber Summons application seeking, inter alia, to review the ruling and orders of that Court (Anyara Emukule, J.) of 17th December 2013. In that ruling, the court had before it an application dated 3rd May 2013 seeking stay of execution pending the hearing of an intended appeal. The court in exercise of its discretion under Order 42 Rule 6(2)(b) of the Civil Procedure Rules ordered stay for a period of 30 days on condition that the appellant would deposit the sum of Kshs 4,152,000/= into court within 30 days. For the avoidance of doubt, the court emphasized that there would be stay of execution pending appeal after the said sum of Kshs 4,152,000/=…

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