Gateway Insurance Company Limited v Credit Kenya Limited [2002] KECA 256 (KLR)

IN THE COURT OF APPEAL AT NAIROBI

(CORAM: LAKHA, J.A. (IN CHAMBERS))

CIVIL APPLICATION NO. NAI. 222 OF 2002 (112/2002 UR)

BETWEEN

GATEWAY INSURANCE COMPANY LIMITED .......................APPLICANT

AND

CREDIT KENYA LIMITED .....................................................RESPONDENT

(Application for Stay of Execution in an intended appeal from the Ruling of the High Court of Kenya at Nairobi (Lady Justice Ang'awa) delivered on 13th October, 2000

in

H.C.C.C. NO. 1549 OF 1994)

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

R U L I N G

This is an inter-partes hearing of an application for urgency. I have heard nothing to show why or how this application is urgent. The judgment intended to be appealed against was delivered on 13th October, 2000. I have not been shown that the appeal is arguable or that it will be rendered nugatory if this application is not heard urgently. For the grounds set out in para 10 of the supporting affidavit, I am, in addition, satisfied there is no urgency.

Application refused with costs.

Made and delivered at Nairobi this 15th day of August, 2002.

A.A. LAKHA ................... JUDGE OF APPEAL

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

DEPUTY REGISTRAR