NILESTAR HOLDINGS LTD, MADATALI HASHAM ABRAHAM, AS THE EXECUTOR OF THE ESTATE OF THE LATE ROSHEN MADATALI ABRAHAM & JALALEDIN EBRAHIM V. GREEN VALLEY LIMITED, MARGARET WAIRIMU MAGUGU & ARTHUR KINYANJUI MAGUGU

RULING OF THE COURT

Although the dispute herein appears to be between limited liability companies, the main actors on both sides are two octogenarians who, we are told, are sickly:- Arthur Kinyanjui Magugu (Magugu) and Madatali Hashan Abraham (Madatali). Madatali is a director of Nilestar Holdings Ltd. (Nilestar) whose other directors were his late wife Roshen and their son Jalaledin. They are the applicants before us. Magugu on the other hand is a director of Green Valley Ltd (Green Valley) while his wife, Margaret, is the only other director. They are the respondents herein.

The applicants seek the following orders under rule 5 (2) (b) of the rules of this Court:

“2. THAT the honourable Court be pleased to order a stay of any proceedings in Milimani HCCC No. 439 of 2004 Green Valley Ltd and two others versus Nilestar Holdings Limited and three others pending the hearing and determination of the appeal.

3. THAT the honourable court do order a stay of execution of the orders issued by Hon…