QUASAR LIMITED v KOBIL PETROLEUM LIMITED [2007] KECA 68 (KLR)
- Court
- Court of Appeal
- Case number
- 68
- Citation
- [2007] KECA 68 (KLR)
- Decided
- 23 March 2007
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication 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, and the respondent filed a similar suit. The respondent's application to consolidate the two suits was allowed, and the applicant appealed the ruling.
Issues
- Whether the appeal is arguable and not frivolous.
- Whether the applicant has failed to satisfy the court that the success of the appeal would be rendered nugatory.
Reasoning
The court held that the appeal is arguable and not frivolous, but the applicant has not shown 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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