Nyeri Wholesalers Limited v. Kasturi Limited

IN THE COURT OF APPEAL AT NAIROBI (CORAM: WAKI, JA. (IN CHAMBERS)

CIVIL APPLICATION NO. NAI. 261 OF 2010 (UR. 184/2010)

BETWEEN

NYERI WHOLESALERS LIMITED .........................................APPLICANT AND

KASTURI LIMITED ..............................................................RESPONDENT

(An application for stay and or setting aside an order made on 7^th October, 2010 (Sergon, J.) and judgment dated 23^rd April, 2010.I

in NYERI HIGH COURT CIVIL CASE NO. 109 OF 2009) ************************************* RULING

This matter was placed before me under rule 47 (5) of the Court of Appeal Rules (“the rules”) subsequent to my rejection of an application to certify as urgent the motion dated 1^st November, 2010. The motion was taken out under rule 5 (2) (b) of the rules seeking an order for “stay or setting aside the order of stay of execution” granted by the superior court on 9^th July, 2010. The applicant says he was aggrieved by that order.

When the matter was first placed before me for certi…