QUASAR LIMITED v KOBIL PETROLEUM LIMITED (Civil Application 14 of 2006) [2007] KECA 387 (KLR) (23 March 2007) (Ruling)
- Court
- Court of Appeal
- Case number
- 387
- Citation
- [2007] KECA 387 (KLR)
- Decided
- 23 March 2007
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for stay of proceedings pending the lodging and determination of an intended appealCoramP.K. TUNOI, E.O. O’KUBASU, E.M. GITHINJI
Holding
The application fails and is dismissed with costs.
Facts
The applicant filed a suit against the respondent seeking a permanent injunction in Kisii HCCC NO. 99 of 2005, and the respondent filed a similar suit in Nairobi HCCC 412 of 2003. The respondent later filed an application to consolidate the two suits, which was allowed. The applicant then filed an appeal against the ruling.
Issues
- Whether the appeal is arguable and not frivolous.
- Whether the applicant has failed to show that the success of the appeal would be rendered nugatory.
Reasoning
The court considered the submissions and held that the appeal is arguable and not frivolous, but the applicant failed to show that the success of the appeal would be rendered nugatory.
Outcome
Application dismissed with costs
Authorities cited
Cases cited (1)
- DAVID M. SILVERSTEIN V. ATSANGO [2002] 1 KLR 867
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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