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CAPE HOLDINGS LIMITED
V.
SYNERGY INDUSTRIAL CREDIT LIMITED

(2021) JELR 113337 (SC)

Supreme Court 8 Oct 2021 Kenya
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Case Details

Suit Number:APPLICATION NO. 5 (E007) OF 2021
Judges:MARTHA KOOME, CJ & P MOHAMMED IBRAHIM, SCJ SMOKIN WANJALA, SCJ NJOKI NDUNGU, SCJ ISAAC LENAOLA, SCJ

RULING

A. Introduction

1. The application before this court is dated March 10, 2021, and lodged on March 12, 2021. It seeks to review the Court of Appeal ruling delivered on March 5, 2021 denying certification and leave to appeal to this court. The applicant further seeks stay of execution of the Judgment and orders of the Court of Appeal delivered on November 6, 2020 and corrected on January 29, 2021 in Civil Appeal No 81 of 2016, pending the hearing and determination of the instant application and the intended appeal.

2. Consequently, the applicant brought a second application dated April 7, 2021 under certificate of urgency seeking stay and conservatory orders restraining the respondent from executing the Judgment and orders of the Court of Appeal in Civil Appeal No 81 of 2016. On April 13, 2021 the court (Lady Justice Njoki, SCJ) directed that the application for stay and conservatory orders would await determination of the application dated March 10, 2021.

B. Background

3. A dispute a…

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