African Banking Corporation Limited v Charles Kariuki Githungo suing as the Receiver of World Duty Free Company Limited T/A Kenya Duty Free Complex [2002] KECA 176 (KLR)

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: BOSIRE, JA (IN CHAMBERS)

CIVIL APPLICATION NO. NAI.82 OF 2002 (UR.44/2002)

BETWEEN

AFRICAN BANKING CORPORATION LIMITED ..................APPLICANT

AND

CHARLES KARIUKI GITHUNGO suing as the RECEIVER OF WORLD DUTY FREE COMPANY LIMITED                       T/A KENYA DUTY FREE COMPLEX .................................RESPONDENT

Being an application for stay pending the determination

of the intended appeal against the order of the High

Court of Kenya at Nairobi (Mr. Justice Rimita) dated

the 15th day of March 2002

in

H.C.C.C. NO.758 of 2000(O.S)

******************

RULING

I earlier declined to certify this motion as urgent. However, material has been placed before me this morning which I have reluctantly looked at, which show that there is some urgency in this matter. Consequently I am inclined to change my mind. I accordingly certify this motion as urgent. The costs of today's hearing to abide the outcome of the application dated 19th April, 2002.

Dated and delivered at Nairobi this 30th day of April,2002.

S.E.O. BOSIRE ................................ JUDGE OF APPEAL

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

DEPUTY REGISTRAR