Royal Media Services Limited & another v Macharia Waiguru [2015] KECA 689 (KLR)
- Court
- Court of Appeal
- Case number
- 689
- Citation
- [2015] KECA 689 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for stay of proceedings pending the intended appealCoramG.B.M. Kariuki, A.K. Murgor, J. Mohammed
Holding
The Court allowed the application and granted an order for stay of proceedings pending the intended appeal.
Facts
The applicants, Royal Media Services Limited and Anthony Kariga, sought an injunction or stay of proceedings pending the intended appeal against a ruling of the High Court of Kenya at Nairobi.
Issues
- Whether a default judgment can be entered for a prayer termed as any other relief under Order 10 Rule 6 of the Civil Procedure Rules.
- Whether the evidence of the 1st applicant company's Chairman should have been considered in light of Order 19 Rule 3 of the Civil Procedure Rules.
- Whether the intended appeal will be rendered nugatory if the orders sought are not granted.
Reasoning
The Court found that the applicants have made out an arguable appeal and that the intended appeal will be rendered nugatory if the orders sought are not granted.
Outcome
The Court allowed the application.
Orders
- Order for stay of proceedings pending the intended appeal
Remedies
- Costs of the application to abide the outcome of the appeal
Authorities cited
Legislation (2)
- Civil Procedure Rules, 2010
- Appellate Jurisdiction Act
Cases cited (4)
- ISHMAEL KAGUNYI THANDE v HFCK
- EQUITY BANK LIMITED v WEST LINK MBO LIMITED
- SEBEI DISTRICT ADMINISTRATION v GASYANI
- SAMMY MUTUA MAKOVE (COMMISSIONER OF INSURANCE) v STATUTORY MANAGER UNITED INSURANCE CO LTD & 198 OTHERS
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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