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MENNO TRAVEL SERVICES LIMITED
V.
KEMBI GITURA T/A KEMBI GITURA & COMPANY ADVOCATES

(2007) JELR 99466 (CA)

Court of Appeal 6 Jul 2007 Kenya
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Case Details

Suit Number:Civil Appli 61of 2007 (UR 44/2007)
Judges:Philip Kiptoo Tunoi, Samuel Elikana Ondari Bosire, Erastus Mwaniki Githinji
Location:Nairobi
Other Citations:MENNO TRAVEL SERVICES LIMITED v. KEMBI GITURA T/A KEMBI GITURA & COMPANY ADVOCATES [2007] eKLR

RULING OF THE COURT

This application expressed to be brought under rule 5(2)(b) of this Court’s Rules seeks two orders that:-

1. Pending the lodging, hearing and determination of the applicant’s intended appeal:-

(a) Proceedings in Miscellaneous Civil Application No. 986 of 2003, in the matter of an arbitration between Kembi Gitura t/a Kembi Gitura and Company Advocates v. Menno Travel Service Limited be stayed.

(b) The execution of the decree issued on 8th June, 2004; the order issued on 30th March, 2006 directing amongst others, that the applicant’s shares in Menno Plaza Limited be attached and sold through a broker and the order of 13th March, 2007 in Miscellaneous Civil Application No. 986 of 2003, in the matter of an arbitration between Kembi Gitura t/a Kembi Gitura and Company Advocates v. Menno Travel Services Limited be stayed.

2. The costs of and incidental to this application abide the result of the appeal.”

The decree emanates from the dismissal by the superior court (Kasango, J

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