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Vantage Road Transporters Limited & Shahid Pervez Butt v. Mistry Valji Naran Mulji, Janendra Raichand Shah, Virchand Mulji Malde, Ratilal Ghela Samat, Premac Properties Ltd & Equatorial Commercial Bank Ltd

(2008) JELR 94932 (CA)

Court of Appeal  •  Civil Appli 223 of 2005 (132/2005 UR)  •  8 Feb 2008  •  Kenya

Riaga Samuel Cornelius Omolo, Emmanuel Okello O'Kubasu, John walter Onyango Otieno



The principal application before the Court appears to be the notice of motion dated 30th July, 2005 and lodged in this Court on 1st August, 2005. The motion was said to have been brought under Rules 5 (2) (b), 42 (1) and (2) and 20 (2) of the Court’s Rules. Rule 20 (2) merely deals with conduct of business by the Court during vacations. Rule 42 (1) and (2) deals with the manner in which applications are to be made to the Court and the contents of such applications. So the substantive Rule under which the motion was brought is Rule 5 (2) (b) and as every one knows that Rule entitles the Court, where a notice of appeal has been filed in accordance with Rule 74, to issue, in any civil proceedings, an order of stay of execution, an injunction or a stay of any further proceedings. The filing of a notice of appeal under rule 74 manifests an intention to appeal by the party so lodging the notice of appeal. It is a matter of common sense that where no appeal is intended to …

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