Ali Mohamed Msuo v Kenya Revenue Authority [2012] KEHC 2503 (KLR)
- Court
- High Court of Kenya
- Case number
- 2503
- Citation
- [2012] KEHC 2503 (KLR)
- Decided
- 28 August 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for stay of proceedingsCoramM.K. Ibrahim, J.W. Mwera
Holding
The application for stay of proceedings is dismissed with costs to the respondent.
Facts
The applicant filed a Notice of Motion seeking an order of stay of proceedings in CMCC No. 2371 of 2005 pending the hearing and determination of the applicant's Civil Appeal No. 147 of 2009.
Issues
- Whether the applicant has established sufficient cause to warrant an order of stay of proceedings.
- Whether the applicant's application to amend the plaint was made during the respondent's case.
Reasoning
The court found that the applicant had an opportunity to present his case before closing it and that the particulars of special damages sought to be added were within his knowledge. The court also noted that the applicant concealed the fact that he had closed his case and that the application to amend the plaint was brought during the respondent's case.
Outcome
Dismissed with costs
Orders
- Interim order of stay is discharged.
Authorities cited
Cases cited (1)
- Benjamin Kimani Romoka & 2 Others vs Eveready Batteries (K) Ltd [2006] 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.
Loading judgment…