DELTA CONNECTION LIMITED V. DELTA AIRLINES INCORPORATED

RULING OF THE COURT

The applicant herein, DELTA CONNECTION LIMITED, took out a notice of motion under Rule 5(2)(b) of the Court of Appeal Rules seeking an order that:-

“The execution of the injunction Order and Ruling of the High Court of Kenya at Nairobi delivered by The Honourable Lady Justice Joyce N. Khaminwa and dated the 2^nd day of March, 2009 in High Court Civil Suit No. 770 of 2008 – Nairobi be stayed pending the hearing and determination of the Appeal and that the proceedings in High Court Civil Suit No. 770 of 2008 – Nairobi be stayed pending the hearing and determination of the Appeal.”

The application which was supported by the affidavit of SALLY NDEGWA the General Manager of the applicant was brought on the following grounds:-

“1. The applicant has filed a Notice of Appeal under the provisions of Rule 74 of the Court of Appeal Rules with respect to the Order and Ruling of the Honourable Lady Justice Joyce N. Khaminwa dated the 2^nd day of March, 2009 in High Court Civil Suit N…