MBARAKI BULK TERMINAL LTD v EAST AFRICAN BULKING SERVICES LTD & 2 OTHERS [2007] KECA 372 (KLR)
- Court
- Court of Appeal
- Case number
- 372
- Citation
- [2007] KECA 372 (KLR)
- Decided
- 16 March 2007
The application for stay of execution of the ruling and order of the High Court of Kenya Mombasa is dismissed.
Facts
The 1st respondent (EABSL) entered into a contract of sale with the applicant (Mbaraki Bulk Terminal Ltd) for the sale of four pieces of land and assets. The contract was not completed, and EABSL lodged cautions against the titles. EABSL then entered into a subsequent agreement with the applicant, and the District Land Registrar Mombasa removed the cautions. The applicant filed an application for judicial review and an order of certiorari quashing the decision of the District Land Registrar.
Issues
- Whether the applicant's intended appeal raises arguable points.
- Whether the intended appeal will be rendered nugatory if the stay is not granted.
Reasoning
The court found that the applicant's intended appeal raises arguable points but that the intended appeal will not be rendered nugatory if the stay is not granted.
Outcome
Application dismissed
Orders
- Stay of execution of the ruling and order of the High Court of Kenya Mombasa (Sergon J.) dated 15th December, 2006 in H.C. MISCELLANEOUS CIVIL APPL. NO. 946 of 2005
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