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Kenya Posts & Telecommunications Corporation v. Paul Gachanga Ndarua

(2001) JELR 99969 (CA)

Court of Appeal  •  Civil Application Nai.367 of 2001 (194/2001 UR)  •  16 Nov 2001  •  Kenya

Riaga Samuel Cornelius Omolo, Amrittal Bhagwanji Shah, Samuel Elikana Ondari Bosire



Following the striking out of its written statement of amended defence and entry of summary judgment against it in High Court Civil Case No.2863 of 1996, Kenya Posts and Telecommunications Corporation, (the Corporation) was aggrieved and promptly filed a notice of appeal declaring its intention to challenge that decision in an intended appeal to this Court. The said Corporation also took out the present motion, expressed to be brought under rule 5(2)(b) of the Court of Appeal Rules (the Rules) seeking an order that the execution of the aforesaid decision be stayed pending the lodgment and determination of its intended appeal.

It is now trite that for an applicant to succeed in an application brought under rule 5(2)(b), above, it must, on the main, show not only that its appeal or intended appeal is arguable, but also that its appeal or intended appeal, if successful, will be rendered nugatory unless it is granted a stay or injunction prayed for in the application. Th…

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