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National Bank of Kenya Ltd v. Kwanza House Ltd

(1996) JELR 98551 (CA)

Court of Appeal  •  Civil Application Nai. 299 of 1996  •  17 Oct 1996  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Philip Kiptoo Tunoi, Samuel Elikana Ondari Bosire

Judgement

RULING OF THE COURT

The applicant invites us to exercise our discretionary jurisdiction under rule 5(2)(b) of the Court of Appeal Rules to grant the following orders that:

1. Execution of the judgment in Nakuru High Court Civil Case No. 303 of 1995 dated 10th June, 1996 be stayed until the determination of the intended appeal.

and

2. Alternatively, that the inhibition registered against the suit property Title No. Nakuru Municipality/Block 9/90 be reconfirmed until the determination of the intended appeal.

However, before Mr. Nyamu, counsel for the applicant, opened his submissions Mr. Ochieng-Odhiambo, counsel for the respondent, took a preliminary point as regards the jurisdiction of this Court to entertain the application. He submitted that the appeal having

been struck out on 24th September, 1996 the applicant had to seek leave to lodge a fresh notice of appeal and the intended appeal out of time and that not having done so, this Court lacked jurisdiction to entertain this applicat…

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