ET Timbers PTE Limited v The Dolphin Star [2021] KEHC 3059 (KLR)
- Court
- High Court of Kenya
- Case number
- 3059
- Citation
- [2021] KEHC 3059 (KLR)
The court held that the defendants should not file the second acknowledgment of service after filing an appeal challenging the jurisdiction of the court. The court deferred further progress in the suit and claimant's application until the application for stay of proceedings and the appeal on jurisdiction are determined.
Facts
The claimant brought an admiralty claim in rem against the owners of the motor vessel 'Dolphin Star', claiming damages. The defendants challenged the jurisdiction of the court and filed an appeal.
Issues
- Whether the defendants should file the second acknowledgment of service after filing an appeal challenging the jurisdiction of the court.
- Whether further progress in the suit and claimant's application should be deferred pending the determination of the application and appeal before the Court of Appeal.
Reasoning
The court ruled that the defendants should not file the second acknowledgment of service after filing an appeal challenging the jurisdiction of the court, as this would be inconsistent with the rules of the court. The court deferred further progress in the suit and claimant's application until the application for stay of proceedings and the appeal on jurisdiction are determined.
Outcome
The defendants' appeal was dismissed.
Orders
- The defendants should not file the second acknowledgment of service after filing an appeal challenging the jurisdiction of the court.
- Further progress in the suit and claimant's application should be deferred pending the determination of the application for stay of proceedings and the appeal on jurisdiction.
Authorities cited
Cases cited (2)
- Deutsche Bank Case
- Conversant vs. Huawei
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