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Natoinal Industrial Credit Bank Ltd v. Aquinas Francis Wasike; Lantech Ltd

(2006) JELR 98531 (CA)

Court of Appeal  •  Civil Application Nai 238 of 2005  •  10 Feb 2006  •  Kenya

Coram
Erastus Mwaniki Githinji

Judgement

RULING OF THE COURT


National Industrial Credit Bank Limited, the applicant herein, comes to the Court under Rule 5 (2) (b) of the Court's Rules and as at present, the only order the applicant seeks from the Court is:

"THAT the Honourable Court be pleased to order an Interim stay of execution of the Decree of the High Court given on 24th day of May, 2005 in Nairobi H.C.C.C. No. 1414 of 2001 between National Industrial Credit Bank Limited (Plaintiff) and Aquinas Francis Wasike and Lantech Limited (Defendants)"

We quite do not appreciate what the applicant means by "an Interim stay of execution;" Rule 5 (2) (b) of the Rules provides only for the Court to "order a stay of execution;" we suppose that in the context of the applicant's motion, the applicant had expected that its motion would be heard ex-parte in the first instance, an order of stay granted to it ex-parte (see prayer one in the notice of motion) and thereafter the motion would be set down for hearing inter-partes (prayer 4 in t…

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