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David Njau Wambugu, Poly Chem East Africa Limited, Eagles Chemicals El Shark, Company for Trade & Industry, Eagle Specialty Chemicals Limited & Daes Holdings Limited v. High Chem East Africa Limited

(2020) JELR 102791 (CA)

Court of Appeal  •  Civil Application 158 of 2020  •  4 Dec 2020  •  Kenya

Martha Karambu Koome, Hannah Magondi Okwengu, Patrick Omwenga Kiage



[1] On 6th May, 2020, the High Court (Kasango, J) delivered a ruling in which she dismissed an application that had been lodged by the defendants who are now the applicants before us. The applicants had sought to have some documents intended to be relied upon by the Plaintiff High Chem East Africa Limited expunged from the record, as the documents were alleged to have been obtained illegally or were inadmissible. In dismissing the application, the learned Judge found that the applicants had not shown how reliance on the documents would be detrimental to the trial or render the trial unfair, and directed that the matter proceed to full hearing.

[2] The applicants who are aggrieved by the ruling of the High Court have filed a notice of appeal and have also filed a motion under Rule 5(2)(b) of the Court Rules seeking an order of stay of further proceedings in the High Court suit, pending the hearing and determination of the applicants’ intended appeal against the ruling…

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