CALTEX OIL KENYA LTD V INLAND PETROLEUM LIMITED & INVESCO ASSURANCE CO. LIMITED [2005] KEHC 522 (KLR)
- Court
- High Court of Kenya
- Case number
- 522
- Citation
- [2005] KEHC 522 (KLR)
- Decided
- 24 August 2005
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal from a previous dismissal of an applicationCoramA.A. Lakha, Shah
Holding
The application is dismissed with costs to the plaintiff
Facts
The 2nd defendant applied for an interim stay of execution, but the application was dismissed on 12th May 2005. The 2nd defendant sought to reinstate the application, claiming they were held up in court before Hon Justice Ojwang.
Issues
- Validity of the summons
- Truthfulness of the 2nd defendant's advocate
Reasoning
The court found that the reasons given for the dismissal were non-existent and that the 2nd defendant's advocate had misled the court. The court declined to exercise discretion in favor of the 2nd defendant.
Outcome
Appeal dismissed
Orders
- Application dated 16th May 2005 dismissed with costs to the plaintiff
Authorities cited
Cases cited (2)
- CIVIL APPLICATION NO. 103 OF 1999 MALINDI AIR SERVICE LIMITED & ANOTHER
- CIVIL APPLICATION NO. 208 OF 1998 FRANCIS KIHONGE NGANGA AND KENYA COMMERCIAL FINANCE COMPANY LTD
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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