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Kenya Hotel Properties Limited v. Willesden Investments Ltd

(2011) JELR 100050 (CA)

Court of Appeal  •  Civil Application 131 of 2010  •  28 Jan 2011  •  Kenya

Coram
Emmanuel Okello O'Kubasu, Moijo Matayia Ole Keiwua, Joseph Gregory Nyamu

Judgement

RULING OF THE COURT

This application is by way of notice of motion and is expressed as having been brought “Under sections 3A and 3B of the Appellate Jurisdiction Act and rules 5(2) (b) of the Court of Appeal Rules.” The applicant, Kenya Hotel Properties Limited seeks the following orders:-

“1. An injunction be granted restraining the respondent, its servants or agents from executing the decree in Milimani HCCC No. 367 of 2000 Willesden Investments Limited v. Kenya Hotel Properties Limited pending the determination of the present appeal.

2. The Court do order a stay of any proceedings, by way of execution or in any other manner whatsoever, in Milimani HCCC No. 367 of 2000 Willesden Investments Limited v. Kenya Hotel Properties Limited and Milimani HCCC No. 24 of 2008 Willesden Investments Limited v. City Council of Nairobi pending the hearing and determination of the appeal. 3. The Court do order that the proceedings in the superior court be typed expeditiously and the appeal be heard on…

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