GIANT HOLDINGS LIMITED V. KENYA AIRPORTS AUTHORITY

RULING OF THE COURT

This ruling relates to two applications which were heard together.

The first and the main application viz Civil Application No. Nai. 193 of 2005 was filed on 12^th July, 2005. It seeks two main reliefs under rule 5(2)(b) of the Court of Appeal Rules pending appeal from the decision of the superior court (Ojwang, J.) dated 3^rd June, 2005 namely, a stay of execution of orders of the superior court; and an order of injunction to restrain the respondent from granting an advertising concession agreement to any other party or doing anything that would terminate or breach the applicant’s rights and interest under an Advertising Concession Agreement dated 23^rd December, 1999 and from dealing directly with the applicant’s agents. While that application was pending for hearing the parties reached an agreement that an interim injunction be granted pending the hearing of the application and the court on 2^nd August, 2005 recorded the consent order granting an interim injunction re…