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Kalumass Company Limited & Massimo Spinelli Alesandro v. Emmanuel Charo Tinga

(2016) JELR 103755 (CA)

Court of Appeal  •  Civil Application 18 of 2016 (UR 11/2016)  •  29 Jul 2016  •  Kenya

Coram
Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti

Judgement

RULING OF THE COURT

The learned Judge of the Environment and Land Court (Angote, J.) rejected the applicant’s two informal applications for adjournment of the trial in Malindi Environment and Land Court Case No. 125 of 2009 and one asking him to recuse himself, prompting the applicant to take out a formal application for stay of proceedings in Malindi Environment and Land Court Case No. 125 of 2009 pending the hearing and determination of the intended appeal challenging the two aforesaid decisions. The learned Judge rendered a ruling dismissing the application with costs, holding that it did not satisfy the requirements of the provisions of Order 42 rule 6(2) of the Civil Procedure Rules.

By a notice of appeal lodged on 20th April 2016 and a draft memorandum of appeal the applicant has evinced the intention of challenging Angote J’s decision refusing to grant an order of stay of proceedings. Should the intended appeal be lodged the solitary issue, from the draft memorandum of appeal, wi…

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