REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAIROBI
BETWEEN
CORAM: KWACH, SHAH & OWUOR JJ.A
CIVIL APPLICATION NO. NAI. 306 OF 1998 (UR. 118/98)
NYANJA HOLDINGS LIMITED
GEORGE NJAU MBUGUA NYANJA
MRS. ENID N. NYANJA.................................APPLICANTS
AND
CITY FINANCE BANK LIMITED...........................RESPONDENT
(Being an application for stay of execution in an
intended appeal from a Decision of the High Court of
RULING OF THE COURT
Kenya at Nairobi (Mr. Justice Kuloba) dated 29/9/98,
in
H.C.C.C. NO. 1965 OF 1991)
**********************
The application for injunction, filed in the superior court in 1991 (we are now in 1998) was withdrawn on 12th March, 1998. There was, therefore, nothing left to injunct in that court. This application before us is for stay of proceedings in the superior court pending the hearing and determination of an intended appeal.
There is nothing however to stay under rule 5(2) of the Rules of this court. Mr. Kaunda for the applicant applies now to withdraw the application and Mr. Malawa does not object. The application is hereby marked as withdrawn with costs to the respondent.
Dated and delivered at Nairobi this 14th day of December, 1998.
R. O. KWACH
JUDGE OF APPEAL
A. B. SHAH
JUDGE OF APPEAL
E. OWUOR
JUDGE OF APPEAL
DEPUTY REGISTRAR.