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Karume Investments Limited v. Kenya Shell Limited & Commissioner of Lands

(2008) JELR 103750 (CA)

Court of Appeal  •  Civil Appli. Nai 262 of 2008 (UR. 167/09)  •  19 Dec 2008  •  Kenya

Coram
Emmanuel Okello O'Kubasu, John walter Onyango Otieno, Joyce Adhiambo Aluoch

Judgement

RULING OF THE COURT

By this Notice of Motion expressed to be brought under rule 5(2)(b) of the Court of Appeal Rules (the Rules) the applicant, KARUME INVESTMENTS LIMITED, seeks essentially one order viz,

“2. THAT execution of the Ruling/Order of the superior court dated 30th July, 2008 in Nairobi High Court Misc. Civil Case No. 1534 of 2005 and all subsequent and/or ancillary proceedings be stayed pending an appeal therefrom to this Honourable Court.”

The application is brought on the following grounds:-

(a) THAT the applicant has an arguable appeal with excellent chances of success.

(b) THAT unless a stay of execution is granted, the intended appeal will be rendered nugatory as the subject matter of these proceedings to wit Land Reference Number 209/6240 valued at over Kenya Shillings Fifty Five Million will have been alienated in favour of Kenya Shell Limited.

In addition to the foregoing grounds, there is a supporting affidavit sworn by JAMES NJENGA KARUME, a Director of the applicant, …

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