Coastal Bottlers Limited v Acqualine Distributors Limited (Civil Application Eo62 of 2021) [2022] KECA 35 (KLR) (4 February 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 35
- Citation
- [2022] KECA 35 (KLR)
- Decided
- 4 February 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for stay of proceedings in the High Court pending an appealCoramP. J. Otieno
Holding
The application for stay of proceedings is dismissed.
Facts
Coastal Bottlers Limited opposed the respondent's application to withdraw a case from a subordinate court and transfer it to the High Court, arguing that the respondent's suit was filed before a court lacking the requisite pecuniary jurisdiction, making the matter a nullity in law. The High Court allowed the respondent's application.
Issues
- Whether the appeal would be rendered nugatory if the application is not allowed.
- Whether the appeal is arguable.
Reasoning
The court found that the appeal is not arguable and that the principles guiding this Court when determining whether to interfere with the exercise of such discretionary power have not been met.
Outcome
The application is dismissed.
Orders
- The application for stay of proceedings in the High Court pending an appeal is dismissed.
Authorities cited
Cases cited (1)
- United India Insurance Company Limited v East African Underwriters Kenya Ltd [1985] KLR 898
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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