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Debonair Travel Ltd & Kennedy Gichuha Chege v. Mohammmad Hassim Pondor & Abdulraza Khalfan (Suing on behalf of the Internation Air Transport Association: IATA), Mercantile Life & Generalassurance Co. Ltd & Berita Kaswii Gichuha

(2011) JELR 105093 (CA)

Court of Appeal  •  Civil Application 106 of 2008  •  7 Oct 2011  •  Kenya

Samuel Elikana Ondari Bosire, Philip Nyamu Waki, John walter Onyango Otieno



Before us is an application under rule 5(2)(b) of the Court of Appeal Rules brought by Debonair Travel Limited (the 1st applicant) and its Managing Director one Kennedy Gichuha Chege (2nd applicant). Mohammad Hassim Pondor and Abdulrazak Khalifan (described as suing on behalf of The International Air Transport Association – IATA) have been named as the 1st respondents with Mercantile Life and General Assurance Company Ltd as the 2nd respondent and Berita Kaswii Gichuha as the 3rd respondent.

The applicants are praying for an order of stay of the decision of the High Court which was given on 12th March 2008, pursuant to an application under O.6 rule 13 (1)(b)(d) and 16 of the Civil Procedure Rules. In that application the 1st and 2nd respondents as the plaintiffs in Nairobi High Court Civil Case No. 130 of 2006 had prayed for an order striking out the joint defence of the applicants allegedly for disclosing no reasonable defence and additionally the 1st and 2nd respon…

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