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Shimmers Plaza Limited v. National Bank Limited

(2012) JELR 94082 (CA)

Court of Appeal  •  Civil Application 38 of 2012  •  28 Mar 2012  •  Kenya

Coram
Erastus Mwaniki Githinji

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: GITHINJI, J.A (IN CHAMBERS)

CIVIL APPLICATION NO. NAI.38 OF 2012(UR 25 / 2012)

BETWEEN

SHIMMERS PLAZA LIMITED.....................................APPLICANT

AND

NATIONAL BANK LIMITED...................................RESPONDENT

(An application for stay of execution pending the hearing and determination of an Intended Appeal against the Ruling and or Order of the High Court, Commercial and Admirality Division Milimani Nairobi (Kimondo, J.) on 27th January, 2012

in

HCCC NO. 895 OF 2009)

*************************

RULING

On 9th February 2012 I declined to certify the Notice of motion dated 8th February 2012 as urgent. The applicant herein has applied for an order of stay of execution of the High Court Ruling and Order in HCCC No. 895 of 2009 dated 27th January 2012 dismissing the applicant’s application for injunction pending the hearing of the suit.

I have now heard the certificate of urgency inter partes pursuant to Rule 47(5) of the Court of Appeal Rules.

I ha…

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