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Velji Narshi Shah v. Kanti Narshi Shah, Chandulal Narshi Shah & Rustam Hiroa

(2016) JELR 94800 (CA)

Court of Appeal  •  Civil Application 248 of 2012  •  12 Feb 2016  •  Kenya

Coram
George Benedict Maina Kariuki, Jamila Mohammed, James Otieno Odek

Judgement

RULING OF THE COURT

1. The applicant, Velji Narshi Shah, has applied to this Court under Rule 5(2)(b) of the Rules of this Court seeking an order that –

“pending the hearing and determination of the appeal from the ruling and decree of the High Court delivered on the 18th day of December 2009, this honourable Court be pleased to grant a stay of execution of the said ruling and decree.”

2. The applicant avers in his application that he is apprehensive that unless he is granted the order for stay as prayed, his appeal to this Court, if successful, shall be rendered nugatory.

BACKGROUND

3. The record before us shows that the applicant and the two respondents are brothers. They had a dispute involving family property which resulted in arbitration in accord with an arbitral agreement between them dated 28th February 1999 pursuant to which Mr. Rustam Hira, an advocate, was appointed as a single arbitrator. The latter rendered an arbitral award dated 20th June 2002. Kanti Narshi Shah, the 1st res…

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