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Tanzania Roads Agency v. Kundan Singh Construction Ltd & Kenya Commercial Bank Limited

(2013) JELR 96521 (CA)

Court of Appeal  •  Civil Appeal 49 of 2011  •  14 Oct 2013  •  Kenya

Coram
Erastus Mwaniki Githinji, Milton Stephen Asike Makhandia, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

The Judge of the superior court (F.A. Azangalala, J., as he then was) faced two applications dated 30th and 31st March, 2010 respectively. In the application dated 30th March, 2010 and mounted by Kundan Singh Construction Limited, “the 1st respondent” two prayers were sought in the alternative. The first prayer was to the effect that the plaint be struck out and the suit be dismissed with costs. In the alternative it prayed that the suit filed by Tanzania National Roads Agency, “the appellant” and the accompanying application dated 22nd March, 2010 be stayed pending the hearing and determination of Milimani H.C.C.C. No.164 of 2009,the Milimani case.” On the other hand, Kenya Commercial Bank Limited, “the 2nd respondent” in its application dated 31st March, 2010 also sought the same prayers and in the alternative as well. The gravemen of the two applications are the same namely, that, the issues raised in the suit and the accompanying application giving rise to t…

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