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Belgo Holdings Limited v. Robert Kotch Otachi & Wilson Birir

(2016) JELR 105783 (CA)

Court of Appeal  •  Civil Application 70 of 2016  •  17 Jun 2016  •  Kenya

Coram
George Benedict Maina Kariuki, Philomena Mbete Mwilu, Fatuma sichale

Judgement

RULING OF THE COURT

1. The issue for determination in this ruling is whether a party who has succeeded in a suit in the High Court by obtaining judgment against another party can competently apply for discharge of an order for stay (of such judgment) given to the unsuccessful party if such order for stay is not impugned on appeal but the judgment is. The background facts are as follows.

2. Belgo Holdings Limited (“the applicant herein”) instituted qua plaintiff in the High Court at Nairobi in the year 2004 suit No.454 of 2004 against Robert Kotch Otachi and Wilson Birir whom it named as 1st and 2nd defendants respectively. They are hereinafter referred to as the 1st and 2nd respondents respectively. In the suit, the applicant sought an injunction to restrain the respondents “from claiming to be directors of the applicant company or otherwise purporting to act on behalf of the applicant or instructing any advocate to act on behalf of the applicant or in any other manner claiming to have …

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