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Tanjal Investments Ltd v. El Nasr Export & Import Company

(2004) JELR 94927 (CA)

Court of Appeal  •  Civil Appeal 249 of 2001  •  21 May 2004  •  Kenya

Coram
Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, John walter Onyango Otieno

Judgement

JUDGMENT OF THE COURT

This is an appeal from the ruling of the superior court (Mitey J) delivered on 17th July 2001 in which the appellant’s application dated 13th February 2001 was dismissed. In that application the appellant (the defendant in the superior court) sought orders of stay of execution, review and or setting aside of an earlier ruling in which judgment was entered in favour of the respondent (the plaintiff in the superior court). That application of 13th February 2001 was brought on the following grounds:-

“1. There is an error apparent on the face of the record in that the prayer for general damages was still unresolved and the same is not liquidated.

2. The plaintiff company has wound up its operations in Egypt and is no longer in existence.

3. The decree was extracted contrary to the provisions of the Civil Procedure Rul es.

4. The plaintiff will not suffer any prejudice as the decretal sum is placed in an interest earning fixed deposit account.

5. The plaint, Defence and R…

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