Governors Ballon Safaris Limited v Skyship Company Limited & another [2014] KECA 547 (KLR)
- Court
- Court of Appeal
- Case number
- 547
- Citation
- [2014] KECA 547 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for stay of further proceedings pending the hearing and determination of an intended appealCoramP.N. WAKI, K. M’INOTI, J. MOHAMMED
Holding
The court grants the application for stay of further proceedings pending the hearing and determination of the intended appeal.
Facts
Governors Ballon Safaris Limited and Skyship Company Limited are both licensed by the Kenya Civil Aviation Authority to provide hot air balloon services at the Maasai Mara Game Reserve, which is part of the Trust Land within the administrative jurisdiction of County Council of Transmara.
Issues
- Whether the application for stay of further proceedings in Nairobi High Court Civil case No. 461 of 2008 is granted
- Whether the intended appeal, if successful, will be rendered nugatory if the order is not granted
Reasoning
The court grants the application as the intended appeal is arguable and not frivolous, and if successful, it will not be rendered nugatory.
Outcome
Granted
Orders
- Stay of further proceedings in Nairobi High Court Civil case No. 461 of 2008 pending the hearing and determination of the intended appeal
Authorities cited
Cases cited (1)
- Reliance Bank Ltd v Norlake Investments Ltd. [2002] 1 EA page 227
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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