Kilifi Plantations Limited & 2 others v Kilifi Boatyard Limited (Civil Application E020 of 2024) [2024] KECA 1164 (KLR) (20 September 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 1164
- Citation
- [2024] KECA 1164 (KLR)
- Decided
- 20 September 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for stay of further proceedings pending hearing and determination of an appealCoramD. K. MUSINGA, DR. K. I. LAIBUTA, G. W. NGENYE-MACHARIA
Holding
The application is dismissed. The costs thereof shall abide the outcome of the pending appeal.
Facts
The respondent filed a suit against the applicants over the right of use of a property known as Kili Group V 122 (the 'suit property'). The respondent also filed a notice of motion seeking a temporary injunction to restrain the applicants from denying it access to a public road.
Issues
- Whether the appeal is arguable.
- Whether the stay of proceedings is nugatory.
Reasoning
The court held that the appeal is arguable and that the stay of proceedings is not nugatory. However, the applicants did not satisfy the second limb for grant of orders under rule 5(2) (b).
Outcome
Application dismissed
Authorities cited
Cases cited (1)
- Stanley Kangethe Kinyanjui v Tony Ketter & 5 Others [2013] eKLR
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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