[1999] KECA 53 (KLR)
The Court of Appeal found that the original ruling of the Commissioner of Assize was indeed signed at the bottom of each page, as the Commissioner had made handwritten corrections. Therefore, the application to strike out the stay application on the ground of an unsigned ruling was without merit. The court dismissed...
Source-derived case information.
- Citation
- [1999] KECA 53 (KLR)
- Parties
- Applicant: Trust Bank Limited; Applicant: Michael Muhindi; Respondent: Investec Bank; Respondent: Vinod Patel; Respondent: Ajay Shah; Respondent: Nitin Chandaria
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 258 of 1999
- Procedural Posture
- Stay Application / Ruling on Application to Strike Out Stay Application
- Outcome
- application to strike out dismissed
- Judges
- AM Akiwumi
- Legal Topics
- Stay of Execution, Striking Out Applications, Court Signatures, Commercial Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Trust Bank Limited
Applicant
Michael Muhindi
Applicant
Investec Bank
Respondent
Vinod Patel
Respondent
Ajay Shah
Respondent
Nitin Chandaria
Respondent
Procedural Posture
Stay Application / Ruling on Application to Strike Out Stay Application
Legal Issues
- 1 Whether the application for stay should be struck out on the ground that the High Court ruling filed was unsigned.
Ratio Decidendi
The Court of Appeal found that the original ruling of the Commissioner of Assize was indeed signed at the bottom of each page, as the Commissioner had made handwritten corrections. Therefore, the application to strike out the stay application on the ground of an unsigned ruling was without merit. The court dismissed the application to strike out and awarded costs to the applicants.
Court Disposition
application to strike out dismissed
Orders
- The application to strike out the stay application is dismissed.
- Costs of the application awarded to the applicants.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: AKIWUMI, LAKHA & BOSIRE, JJ.A.) CIVIL APPLICATION NO. NAI. 258 OF 1999 (UR.101/99) BETWEEN 1. TRUST BANK LIMITED
2. MICHAEL MUHINDI ..................................APPLICANTS
AND
1. INVESTEC BANK
2. VINOD PATEL
3. AJAY SHAH
4. NITIN CHANDARIA ..................................RESPONDENTS
(An application for stay of execution of the decision of the High Court of Kenya at Milimani Commercial Court (Commissioner Hewett) dated 10th day of September, 1999
in
H.C.C.C. NO. 2411 OF 1998) *********** RULING OF THE COURT
The application to strike out the application by the applicants because the ruling of the Commissioner of Assize filed by the applicants is not signed is hereby dismissed as we have examined the original ruling which is clearly signed by the learned Commissioner of Assize at the bottom of each page of his ruling. This he had done because he had made handwritten corrections on the original typed ruling. The costs for the application will be for the applicants in any event.
Dated and delivered at Nairobi this 8th day of October, 1999.
A. M. AKIWUMI
...................
JUDGE OF APPEAL
A. A. LAKHA
....................
JUDGE OF APPEAL
S. E. O. BOSIRE
....................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR.