Omar Farouk Osman v Pinnacle (K) Travels & Safaris Limited & 5 others [2016] KECA 80 (KLR)
- Court
- Court of Appeal
- Case number
- 80
- Citation
- [2016] KECA 80 (KLR)
- Decided
- 25 November 2016
The applicant's appeal is dismissed with costs as he has not satisfied the twin principles upon which an order of stay of proceedings can be granted.
Facts
Applicant is a Somali national and official of the African Union Commission. He is sued by Pinnacle (K) Travel & Safaris Limited for a debt arising from temporary credit facilities extended to the Eastern African Journalists Association. The High Court issued orders for the arrest of the applicant and for him to deposit his passports and Kshs.1.8 million as security.
Issues
- Whether the applicant has an arguable appeal
- Whether the applicant's appeal would be rendered nugatory if the order of stay is not granted
Reasoning
The applicant has not appealed against the initial orders and has not complied with the court orders. The applicant's appeal is not arguable and would not be rendered nugatory if the order of stay is not granted.
Outcome
Dismissed with costs
Orders
- Order of stay of proceedings dismissed
Authorities cited
Legislation (1)
- Civil Procedure Act
Cases cited (4)
- Civil Appeal No.33 of 2012, Shimmers Plaza Limited vs National Bank of Kenya Limited
- Hadkinson vs Hadkinson
- Ismael Kagunyi Kande vs Housing Finance Company Ltd
- Reliance Bank Ltd vs Norlake Investment Ltd
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