SHAH MUNGE & PARTNERS LTD V. NATIONAL SOCIAL SECURITY FUND BOARD OF TRUSTEES, CENTRAL BANK OF KENYA, DEPOSIT PROTECTION FUND BOARD LIQUIDATORS OF EURO BANK LTD (IN LIQUIDATION) & SOUTHERN BELL LIMITED

RULING OF THE COURT

There has been some delay in the delivery of this Ruling. The delay has been occasioned by challenges presented by transfer of all three members of the bench to new Duty Stations. The delay is highly regretted.

Background

[1] The application before the Court is brought pursuant to Rule 5(2) (b) of the Court of Appeal Rules. Shah Munge and Partners Ltd, the applicant herein, seeks an order of injunction and stay of execution from the decision of the High Court pending the filing, hearing and determination of the intended appeal. The High Court delivered judgment on 23rd October, 2009.

[2] The application is founded on the grounds set out on the face thereof and also on the averments deponed in the supporting affidavit and further affidavit of John Munge, the Managing Director of the applicant herein.

[3] A brief background of the dispute as gleaned from the amended plaint filed on 10th December, 2002 is that the 1strespondent’s claim against the applicant was founded on …