JASPAL SINGH BIRDI vs SENATOR CARD LIMITED [1999] KECA 88 (KLR)

REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: LAKHA, J.A. (IN CHAMBERS) CIVIL APPLICATION NO. NAI. 10 OF 1998 BETWEEN

ACCROW CONTRACTORS LIMITED

JASPAL SINGH BIRDI .................................APPLICANTS AND SENATOR CARD LIMITED ................................RESPONDENT

(Application for stay of execution from a Ruling and Order of the High Court of Kenya at Nairobi (Justice O'Kubasu) delivered on 28th July, 1998 in

H.C.C.C. NO. 1635 OF 1997)

R U L I N G

I find nothing before me to say that this application is urgent. Nothing has been advanced or urged to persuade me that this matter is urgent. The fact that there is a judgment or that the judgment debtor is unable to pay the decretal amount does not of itself make the application urgent. I am not persuaded that this application has any merits. Accordingly, it is dismissed with costs.

Dated and delivered at Nairobi this 9th day of February,

1999.

A.A. LAKHA ................

JUDGE OF APPEAL

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

DEPUTY REGISTRAR