SADRUDIN KURJI & AKBAR KURJI V. SHALIMAR LIMITED,SAZ CATERERS LIMITED & ZULFIKAR RAHEMTULLA & 2 OTHERS

RULING OF THE COURT

1. The applicants’ application dated 24^th August, 2012 was brought under Rule 5 (2) (b) of the Court of Appeal Rules and seeks the following prayers:

(a) The execution of the decree in HCCC Misc. Cause No. 59 of 2003 at Milimani Nairobi pursuant to the ruling dated 19^th July, 2012 be stayed until the applicants’ intended appeal is heard and determined.

(b) That the costs of this application be provided for.”

2. In the impugned ruling, Mutava, J. dismissed the applicants’ application dated 2^nd October, 2003 which was seeking orders for review or setting aside of a ruling delivered on 13^th March, 2003 vide which the court had entered judgment in terms of an arbitral award in favour of the respondents.

3. In the High Court the applicants had argued, inter alia, that they were not given an opportunity to be heard in the application for the enforcement of the arbitral award contrary to mandatory provisions of the law and rules of natural justice. They also contended that the…