NYALS (KENYA) LTD V. UNITED HOUSING ESTATE LTD

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: GICHERU, AKIWUMI and LAKHA JJ A)

CIVIL APPLICATION NO NAI 129 OF 1995 (57/95)

BETWEEN

NYALS (KENYA) LIMITED...............................APPELLANT

AND

UNITED HOUSING ESTATE LIMITED ................RESONDENT

(Being an application for stay of execution pending the hearing and determination of an intended appeal from the judgment and decree of the High Court of Kenya at Nairobi (Reg Sampson, Commissioner of Assize) dated 14th December, in 1993 in HCCC No 2137 of 1983)

RULING

In this Notice of Motion made under rule 5 (2) (b) of the Rules of this Court, the applicant has sought a stay of execution of the decree in the Nairobi High Court Civil Case No 2137 of 1983 pending the hearing and final disposal of its intended appeal or until further orders of this Court. The applicant’s application in this regard is supported by the affidavit of its Managing Director, Bikhubhai Shah, together with the annextures thereto.

By an instrument of lease made between the r…