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Johnsons Wax (E.A.) Limited v. John Mbari Mburu,Susan Wangui Mbari & Trade House Africa Limited

(2005) JELR 100758 (CA)

Court of Appeal  •  Civil Application Nai 99 of 2005 (33/2005 Ur)  •  7 Oct 2005  •  Kenya

Riaga Samuel Cornelius Omolo, Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu



This is an application by way of notice of motion brought under Rule 5(2)(b) of the Court of Appeal Rules (the Rules) in which the applicant, JOHNSONS WAX (E.A.) LIMITED seeks an order that:-

“Further proceedings in the High Court Civil Case Number 2328 of 1999 be stayed pending the determination of the appeal on the grounds that the applicant has valid grounds of appeal with prospects of success and that if a stay of further proceedings is not granted and the hearing commences and evidence taken, the applicant shall be prejudiced as the appeal will have been rendered nugatory. The trial is scheduled for the 17th October, 2005.

And for an order that the costs of and incidental to this application abide the result of the said appeal.”

The application is supported by a sworn affidavit of Antoine Bea Likound, the General Manager of the applicant company.

What has given rise to the application is a Chamber Summons filed in the superior court pursuant to Order VI Rules 8 and…

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