Governors Ballon Safaris Ltd v Skyship Company Ltd & another [2015] KECA 652 (KLR)

Facts

Governors Ballon Safaris Ltd sued Skyship Company Ltd and County Council of Transmara in High Court Civil Case No 461 of 2008. The suit was dismissed and costs awarded to the respondents. The applicant sought a stay of further proceedings pending an intended appeal. The respondents filed bills of costs which were taxed. The 2nd respondent moved to execute the costs awarded, and the applicant filed applications to set aside the execution.

Issues

1. Whether the intended appeal would be rendered nugatory if a stay of execution is not granted.
2. Whether the learned judge improperly exercised his discretion in disallowing the reference and finding that the Deputy Registrar was correct in finding that the subject matter of the suit was Kshs 1.5 billion.

Reasoning

The Court found that the finding made by the High Court was correct and that the point was not arguable. The Court also found that the learned judge did not improperly exercise his discretion. The Court noted that the applicant has not demonstrated hardship or loss that would be suffered if the costs were settled before the intended appeal is heard.

Outcome

Application dismissed

Authorities cited