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NYANJA HOLIDINGS LTD,GEORGE NJAU MBUGUA NJANJA & MRS. ENID N. NYANJA v. CITY FINANCE BANK LIMITED

(1998) JELR 98646 (CA)

Court of Appeal  •  civil appl no.nai.306 of 98  •  14 Dec 1998  •  Kenya

Coram
Amrittal Bhagwanji Shah, Effie Owuor, Richard Otieno Kwach

Judgement

RULING OF THE COURT

The application for injunction, filed in the superior court in 1991 (we are now in 1998) was withdrawn on 12th March, 1998. There was, therefore, nothing left to injunct in that court. This application before us is for stay of proceedings in the superior court pending the hearing and determination of an intended appeal.

There is nothing however to stay under rule 5(2) of the Rules of this court. Mr. Kaunda for the applicant applies now to withdraw the application and Mr. Malawa does not object. The application is hereby marked as withdrawn with costs to the respondent.

Dated and delivered at Nairobi this 14th day of December, 1998.

R. O. KWACH

JUDGE OF APPEAL

A. B. SHAH

JUDGE OF APPEAL

E. OWUOR

JUDGE OF APPEAL

I certify that this is a true copy of the original.

DEPUTY REGISTRAR.

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