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Shimmers Plaza Limited v. National Bank of Kenya Ltd

(2013) JELR 93023 (CA)

Court of Appeal  •  Civil Application 38 of 2012  •  15 Mar 2013  •  Kenya

Coram
Martha Karambu Koome, James Otieno Odek, Stephen Gatembu Kairu

Judgement

RULING OF THE COURT

1. Before us is a Notice of Motion dated 8th February 2012 brought under Section 3 A and 3 B of the Appellate Jurisdiction Act and Rule 5 (2) (b) of the Court of Appeal Rules. The applicant seeks an order in terms of paragraph 4 of the motion, that this honourable court be pleased to order stay of execution of the superior court's ruling and/or order in HCCC No. 895 of 2009 between Shimmers Plaza Limited and National Bank of Kenya Limited, pending hearing and determination of the applicant's intended appeal. At paragraph 5, the applicant seeks that it be at liberty to apply for further orders and/or directions as this honourable court may deem fit and just to grant.

2. The gravamen of the application is that the applicant seeks to stop the respondent from advertising, disposing off, selling or offering for sale the suit property known as Title No. I.R.552525 (L.R. No. 1870/IX/128 situate in Westlands, Nairobi pending hearing and determination of the suit. The applica…

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