Commissioner of Mines & Geology & 2 others v Stema Alloys Enterprise Ltd [2015] KECA 974 (KLR)
- Court
- Court of Appeal
- Case number
- 974
- Citation
- [2015] KECA 974 (KLR)
- Decided
- 6 February 2015
The court granted an order of stay of all execution-related proceedings and orders consequent upon the decree until the intended appeal is lodged and determined.
Facts
The respondent, Stema Alloys Enterprise Limited, challenged the decision of the Commissioner of Mines and Geology to impound their export consignment of crushed malachite ore destined for South Korea. The respondent sought an order for release of the consignment and general damages.
Issues
- Whether the intended appeal is arguable and will be rendered nugatory if the application for stay is denied.
- Whether the applicants are in disobedience of an order of the court and engaged in forum shopping.
Reasoning
The court found that the applicants have satisfied the two principles for the grant of an order of stay and are entitled to the orders sought due to the imminent danger of the consignment being removed from the court's jurisdiction and the threat to personal liberty.
Outcome
The court granted an order of stay of all execution-related proceedings and orders consequent upon the decree until the intended appeal is lodged and determined.
Orders
- Order of stay of all execution-related proceedings and orders consequent upon the decree until the intended appeal is lodged and determined.
Remedies
- Order of stay of all execution-related proceedings and orders consequent upon the decree until the intended appeal is lodged and determined.
Authorities cited
Cases cited (1)
- Stanley Kangethe Kinyanjui V. Tony Keter & 2 others Civil Application No. 31 of 2012
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