Moe & Bill Company Limited v Six Sixty-One-Galu Beach Management Limited (Civil Application E013 of 2024) [2025] KECA 1024 (KLR) (5 June 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 1024
- Citation
- [2025] KECA 1024 (KLR)
- Decided
- 5 June 2025
AI Summary
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TypeCivil ApplicationPostureApplication for stay pending appealCoramS. GATEMBU KAIRU, DR. K.I. LAIBUTA, G.W. NGENYE-MACHARIA
Holding
The application fails and is hereby dismissed with costs to the respondent.
Facts
The applicant, Moe & Bill Company Limited, applied for a stay of proceedings in Msambweni Chief Magistrate's Court Civil Case No. E037 of 2021 pending an appeal against the ELC's ruling striking out the applicant's appeal.
Issues
- Whether the ELC's ruling striking out the applicant's appeal is justified.
- Whether the applicant's appeal is frivolous or arguable.
Reasoning
The court considers the applicant's appeal to be arguable but not frivolous, and the exceptional circumstances do not warrant a stay of proceedings.
Outcome
Application dismissed
Orders
- Application dismissed with costs
Authorities cited
Cases cited (2)
- Waithaka vs. Tribunal Appointed to Investigate the Conduct of the Hon. Lady Justice Lucy Njoki Waithaka & Another; Kenya Magistrates & Judges Association (interested party) (Civil Application No. 8 of 2020)[2020] KECA 571 (KLR)
- Global Tours & Travels Limited (supra)
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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