Ramesh Chandra Jantilal Sheth, Jantilal Hansraj Sheth & Chandrakant Jantilal Sheth T/A Maganlal & Company v V.J. Ruparalia T/A Ruparalia & Co. [2002] KECA 49 (KLR)

REPUBLIC OF KENYA

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: OMOLO, SHAH & BOSIRE JJ.A)

CIVIL APPLICATION NO. NAI.384 OF 1996

BETWEEN

RAMESH CHANDRA JANTILAL SHETH )

JANTILAL HANSRAJ SHETH )

CHANDRAKANT JANTILAL SHETH

T/A MAGANLAL & COMPANY )............................................... APPLICANTS

AND

V.J. RUPARALIA T/A RUPARALIA ) & CO. )......................... RESPONDENT

Application for stay of execution in an intended appeal

from an order of the High Court of Kenya at Nairobi

(Mr. Justice Juma) dated 9th May 1996

in

H.C.C.C. NO.1053 OF 1995)

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

ORDER OF THE COURT

The hearing date of this motion was fixed by consent. But Counsel for the applicant for some reason unknown to us is not present nor is his client, the applicant in the motion. That being the case the motion is dismissed under rule 55(1) of the Court of Appeal Rules. The respondent shall have the costs of the motion.

Made at Nairobi this 25th day of June, 2002.

R.S.C. OMOLO ...................... JUDGE OF APPEAL

A.B. SHAH ................... JUDGE OF APPEAL

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

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

DEPUTY REGISTRAR