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Sonalux Limited & African Retail Traders (K) Ltd (In receivership) v. Barclays Bank of Kenya Limited, Adrian Spencer Dearing & John Stanley Ward

(2008) JELR 94217 (CA)

Court of Appeal  •  Civil Appli. Nai 219 of 2007 (134/2007 UR)  •  8 Feb 2008  •  Kenya

Coram
Samuel Elikana Ondari Bosire, Emmanuel Okello O'Kubasu, Erastus Mwaniki Githinji

Judgement

RULING OF THE COURT

The applicants herein, filed an application by way of Notice of Motion brought under Rule 5(2)(b) of the Court of Appeal Rules seeking the following orders:-

(i)

"

"

THAT the service of this application be dispensed with in the first instance.

(ii) THAT this application be set down for inter-parte hearing at a date to be directed by this Honourable Court for stay of execution.

(iii) THAT this Honourable Court be pleased to grant an interim stay of execution of the ruling and or Order of the Superior Court made on 29th January 2007 in Civil Case Number H.C.C.C. 697 of 2005 – SONALUX LIMITED, AFRICAN RETAIL TRADERS (K) LTD (In receivership) =VS= BARCLAYS BANK OF KENYA LIMITED, ADRIAN SPENCER DEARING, JOHN STANLEY WARD pending hearing and determination of the intended appeal.

(iv) THAT the Applicants’/Plaintiffs’ be at liberty to apply for further Orders and directions as this Honourable Court may deem fit and just to grant.

(v) THAT the costs of this application be provided …

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