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Prime Capital Credit Ltd v. Nationwide Electrical Industries Ltd

(2003) JELR 94031 (CA)

Court of Appeal  •  Civil Appeal 50 of 2002  •  14 Mar 2003  •  Kenya

Coram
Philip Kiptoo Tunoi, Samuel Elikana Ondari Bosire, Richard Otieno Kwach

Judgement

RULING OF THE COURT

Prime Capital and Credit Limited , the respondent in this appeal (hereinafter called “the plaintiff”) sued Nationwide Electrical Industries Ltd, the appellant, (hereinafter called “the defendant”) in the superior court to recover Shs 30,939,781/- together with interest on the foot of 4 promissory notes issued to a company called Shah Motors Ltd (Shah Motors). The defendant filed a defence denying the claTimhe a cnadse a lwsoa sm haedaer da cboyu nOtneyrcalnagimo .O tieno J who gave judgment for the plaintiff and dismissed the defendant’s counterclaim with costs. It is against that judgment and decree that the defendant has appealed to this Court. The appeal is yet to be heard, but in the meantime the plaintiff has taken out a Notice of Motion under rule 80 of the Court of Appeal Rules (the Rules), seeking an order that the notice of appeal and the appeal lodged by the defendant be struck out. The grounds upon which this order is sought is that the notice of appeal …

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