MBARAKI BULK TERMINAL LTD v EAST AFRICAN BULKING SERVICES LTD & 2 OTHERS [2007] KECA 120 (KLR)
- Court
- Court of Appeal
- Case number
- 120
- Citation
- [2007] KECA 120 (KLR)
- Decided
- 16 March 2007
AI Summary
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TypeCivil AppealPostureAppeal from a decision of the High Court of Kenya, MombasaCoramAs Deverell JA, RULING OF BOSIRE, Sergon
Holding
Civil Application Nos.4 and 5 are hereby dismissed with costs.
Facts
The applicant, Mbaraki Bulk Terminal Ltd, sought a stay of execution of a decision of the High Court of Kenya, Mombasa, delivered on 15th December 2006 in Mombasa High Court Miscellanous Civil Application No.967 of 2005. The decision was made by Judge Sergon.
Issues
- Whether the applicant's intended appeal raises arguable points.
- Whether the stay prayed for will render the intended appeal nugatory if successful.
Reasoning
The court found that the applicant's intended appeal raises arguable points and that the stay prayed for will render the intended appeal nugatory if successful.
Outcome
Dismissed with costs
Orders
- Civil Application Nos.4 and 5 be and are hereby dismissed with costs.
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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