AWO SHARIFF MOHAMED vs STANDARD CHARTERED BANK OF KENYA LTD,ABDILAHI WARSAME,NADHIA LTD & GATABAKI [2000] KECA 99 (KLR)

REPUBLIC OF KENYA

IN THE COURT OF APPEAL AT NAIROBI (CORAM: KWACH, BOSIRE & KEIWUA JJ.A) CIVIL APPLICATION NO. NAI 189 OF 2000 (UR.85/2000)

BETWEEN

AWO SHARIFF MOHAMED .................................APPLICANT AND 1. STANDARD CHARTERED BANK OF KENYA LTD) 2. ABDILAHI WARSAME ) 3. NADHIA LTD ) 4. GATABAKI )..........RESPONDENTS

(An application for stay of execution pending the intended appeal from the ruling and order of the High Court of Kenya at Milimani Commercial Courts Nairobi (Justice Onyango Otieno) on 2nd June 2000

in H.C.C.S. No.1963 of 1999) *****************

RULING

Mr Wamalwa for the applicant having reconsidered this application for injunction, now applies informally for the withdrawal of the application. Mr Ngatia opposes the application on the ground that serious allegations have been made against his clients which he urges should be considered by this court and a ruling given thereon. We have considered the application for withdrawal and are minded to grant it, Mr Ngatia's objection notwithstanding. Accordingly we order that this application be withdrawn. Costs assessed at Kshs.8000/= to Ist,2nd and 3rd respondents to be paid within 14 days from the date hereof.

Dated and delivered at Nairobi this 26th day of July, 2000.

R.O. KWACH

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

JUDGE OF APPEAL

S.E.O. BOSIRE

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

JUDGE OF APPEAL

M. KEIWUA

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JUDGE OF APEAL

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

DEPUTY REGISTRAR