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CANELAND LTD MALKIT SINGHPANDHAL & ANOTHER
V.
DELPHIS BANK LTD

(2000) JELR 98170 (CA)

Court of Appeal 7 Apr 2000 Kenya
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Case Details

Suit Number:civil misc appl 344 of 99
Judges:Akilano Molade Akiwumi, Samuel Elikana Ondari Bosire, Abdulrasul Ahmed Lakha
Location:Kisumu
Other Citations:Caneland Ltd Malkit Singhpandhal & another v. Delphis Bank Ltd [2000] eKLR

RULING OF THE COURT

On 22 March 2000 we heard an application by the defendants under rule 5(2)(b) of the Rules of this Court seeking a stay of execution pending the hearing and determination of an intended appeal of the decree of the superior court (Wambilyangah, J.) given on 14 December, 1998 whereby he entered judgment for the plaintiff in the sum of KShs.16,496,996.15 together with interest thereon at 33.5% per annum and at court rates of 12% per annum until payment in full. He also ordered the defendants to pay to the plaintiff the costs of the suit as shall be taxed and certified by a taxing officer together with interest thereon at 12% until payment in full. At the conclusion of the hearing of the application, we dismissed the application with costs. We now give our reasons for doing so. The plaintiff's claim against the first defendant was of fifteen million shillings as a loan or advance or a bill discounting facilities. The second and third defendants executed personal guarant…

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