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PEPCO CONSTRUCTION CO. LTD v. CARTERS & SONS LIMITED

(1999) JELR 98428 (CA)

Court of Appeal  •  civil misc appl 97 of 99  •  15 Oct 1999  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Richard Otieno Kwach

Judgement

RULING OF THE COURT

This is an application under rule 5(2)(b) of the Court of Appeal Rules for a stay of execution of a decree passed against Pepco Construction Company Limited (the applicant) by Shields J on 26th November, 1992. The applicant and two other defendants, namely, Kenya Finance Corporation Limited and Karugu Construction (Kenya) Limited had been sued by Carter and Sons Limited (the respondent) in the superior court to recover an Excavator and damages for its detention. The respondent=s claim was resisted but after a trial the learned Judge gave judgment in favour of the respondent for Kshs 7.2m against all three defendants jointly and severally. It is against that decision that the applicant has appealed (CA No. 80/99) and now seeks a stay of execution of that decree pending the determination of that appeal which we are informed by Mr Regeru, for the applicant, will be heard next month.

Mr Regeru is contesting the amount awarded to the respondent on the ground that in arriv…

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