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Kilifi Plantations Limited & 2 others v Kilifi Boatyard Limited (Civil Application E020 of 2024) [2024] KECA 1164 (KLR) (20 September 2024) (Ruling)

[2024] KECA 1164 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
1164
Citation
[2024] KECA 1164 (KLR)
Decided
20 September 2024
AI Summary Beta 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

  1. Whether the appeal is arguable.
  2. 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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