Judgment[1999] KECA 146
Case law
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Division and case type: Environment and LandLand Case
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (Coram: Omolo, Shah & Owuor, JJ.A.) CIVIL APPLICATION NO. 223 OF 1999 (89/99UR) BETWEEN INDUSTRIAL AND COMMERCIAL DEVELOPMENT CORPORATION.....................................................APPLICANT AND DABER ENTERPRISES LIMITED...................................................................RESPONDENT (An application for a stay of execution pending the lodging and hearing of an intended appeal from the Ruling of the High Court of Kenya at
Division and case type: CivilCivil Appeal
power to make nor was there any appeal from the order for possession for reconstruction. The time to consider whether there was to be a true reconstruction was when the Tribunal made its order of February 9, 1976.
Division and case type: CivilCivil Appeal
What, today, is the correct approach of a court to an application for summary judgment under order XXXV rule 1 where there is a claim on a note and the defence is a set-off or counterclaim? Should the payment due on it be held up until the trial of the set-off or counterclaim has been heard?