Customer Support

DHANJAL INVESTMENTS LIMITED
V.
SHABAHA INVESTMENTS LIMITED

(1998) JELR 104426 (CA)

Court of Appeal 16 Feb 1998 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:Civil Appeal 232 of 1997
Judges:Amrittal Bhagwanji Shah, Samuel Elikana Ondari Bosire, R.S.C Omolo
Location:Nairobi
Other Citations:Dhanjal Investments Limited v. Shabaha Investments Limited [1998] eKLR

JUDGMENT OF THE COURT

On 17th June, 1997 the superior court (Ang'awa, J.) in a somewhat incomprehensible ruling declined to enter summary judgment against the appellant (the defendant) but ordered as follows:

"I hereby give the following orders that the defendants deposits Kshs.38,700,000= in the joint names of the two advocates from (sic) each party in the name of the Mombasa Deputy Registrar of the High Court of Kenya within 7 days. Failing to make such deposit summary judgment be entered. I decline to grant a stay pending the hearing of the counter-claims. If payment is made leave to defend is given."

What the learned judge ordered amounted to a conditional leave to defend, the condition being that of depositing a sum of shs. 38,700,000/= in joint account in the names of the advocates for the respective parties and the Deputy Registrar of the High court of Kenya at Mombasa. The superior court did not say in which banking institution the deposit was to be made within the short space of…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.