TROPICAL QUARRIES (KENYA) LTD & 2 OTHERS V. TROPICAL TRADING CO. LTD & ANOTHER

RULING OF THE COURT

By this application under Rule 5 (2) (b) of the Court of Appeal Rules (Rules), the applicants ask the Court:

“...... to order stay of execution of the ruling and orders of the superior court delivered and issued on 4^th February, 2008 and the respondents as well as their agents M/s. Hippo General Merchants to deliver back the applicants and/or return any equipment, machinery and/or motor vehicles attached if any pending the filing, hearing and determination of the intended appeal”.

The orders to which this application relates are interlocutory orders made by the superior court in Nyeri H.C.C.C. No. 4 of 2007 filed by the two respondents (plaintiffs) against the three applicants herein (defendants). The dispute in the superior court is essentially between two brothers Inderjit Singh Saimbhi (2^nd applicant) (Inderjit) and Hardev Singh Saimbhi (3^rd respondent) (Hardev) over the management of and the assets of a family company Tropical Trading Co. Ltd. (Company).

The compan…