MARK WANGAI T/A BORDER SERVICE STATION vs AGIP (K) LIMITED [1998] KECA 215 (KLR)
- Court
- Court of Appeal
- Case number
- 215
- Citation
- [1998] KECA 215 (KLR)
- Decided
- 23 December 1998
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for stay of execution in an intended appeal from an order of the High Court of KenyaCoramR. S. C. OMOLO, P. K. TUNOI, E. OWUOR
Holding
The court refused to grant the injunction sought by the applicant and dismissed the application with costs to the respondent.
Facts
The applicant was a licensee and alleged that the respondent could only terminate the agreement upon giving a notice of thirty days. The respondent argued that the agreement had other provisions for terminating the agreement.
Issues
- Whether the respondent could terminate the agreement without giving a notice of thirty days
- Whether disputes between the parties could be referred to arbitration
Reasoning
The court found that the learned judge correctly exercised his discretion in refusing to grant the injunction. The applicant was not entitled to rely on other matters and did not have an arguable appeal.
Outcome
Dismissed
Orders
- Application for stay of execution dismissed
- Motion dismissed with costs to the respondent
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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