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Unitech Industries Agencies Limited v. Yamanchili Venkata Siva Chalapathi & 12 others

(2016) JELR 95185 (CA)

Court of Appeal  •  Civil Application 257 of 2015  •  29 Jul 2016  •  Kenya

Alnashir Ramazanali Magan Visram, George Benedict Maina Kariuki, Fatuma sichale



The applicant UNITECH INDUSTRIES AGENCIES LIMITED filed a Notice of Motion application dated 19th October, 2015. Yamanchili Venketa Siva Chalapathi Rao and 12 Others suing as partners of Prathap Industries were named as the respondents. In the main, the applicant sought the following order:

“THAT there be stay of execution of the Ruling and Judgment and consequential orders granted on 12/10/2015 by Hon. Justice Fred Ochieng’ in H. C. Commercial and Admirality No. 758 of 2012 pending the hearing and determination of the intended appeal.”

The motion was supported by the affidavit of VIPIN PANDYA, a director of the applicant, dated 14th October, 2015. He deposed that the learned judge of the High Court “... made errors in the judgment ...”; that he entered into a contract on behalf of a principal, that the said principal is bound by the actions of the agent and that the applicant has an arguable appeal which will be rendered nugatory unless an order for stay is granted.


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