1. TRUST BANK LIMITED 2. MICHAEL MUHINDI vs 1. INVESTEC BANK 2. VINOD PATEL 3. AJAY SHAH 4. NITIN CHANDARIA [1999] KECA 53 (KLR)

REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: AKIWUMI, LAKHA & BOSIRE, JJ.A.) CIVIL APPLICATION NO. NAI. 258 OF 1999 (UR.101/99) BETWEEN 1. TRUST BANK LIMITED

2. MICHAEL MUHINDI ..................................APPLICANTS

AND

1. INVESTEC BANK

2. VINOD PATEL

3. AJAY SHAH

4. NITIN CHANDARIA ..................................RESPONDENTS

(An application for stay of execution of the decision of the High Court of Kenya at Milimani Commercial Court (Commissioner Hewett) dated 10th day of September, 1999

in

H.C.C.C. NO. 2411 OF 1998) *********** RULING OF THE COURT

The application to strike out the application by the applicants because the ruling of the Commissioner of Assize filed by the applicants is not signed is hereby dismissed as we have examined the original ruling which is clearly signed by the learned Commissioner of Assize at the bottom of each page of his ruling. This he had done because he had made handwritten corrections on the original typed ruling. The costs for the application will be for the applicants in any event.

Dated and delivered at Nairobi this 8th day of October, 1999.

A. M. AKIWUMI

...................

JUDGE OF APPEAL

A. A. LAKHA

....................

JUDGE OF APPEAL

S. E. O. BOSIRE

....................

JUDGE OF APPEAL

I certify that this is a true copy of the original.

DEPUTY REGISTRAR.