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Kenya Railways Corporation v. Erdemann Property Limited

(2012) JELR 99946 (CA)

Court of Appeal  •  Civil Application 167 of 2012  •  28 Sep 2012  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Hannah Magondi Okwengu

Judgement

RULING OF THE COURT

This is an application under Rule 5 (2) (b) of the Court of Appeal Rules (“the Rules”) for stay of proceedings in High Court Suit No. 294 of 2012, and for stay of the order of the High Court (Mabeya, J) made on 8th June, 2012 pending the hearing and determination of an intended appeal.

The facts giving rise to this dispute are briefly as follows:

By a plaint dated 14th May, 2012 and filed in the High Court at Milimani Commercial Court in Nairobi, the respondent, Erdemann Property Limited, claimed, among other things, an order for specific performance of its contract with the applicant, Kenya Railways Corporation, for the sale and purchase of the property known as L. R. No. 209/11953 (the suit property) for the price of Kshs.1.765 billion plus special damages of Kshs.11,627,374,587.95. In the alternative, the respondent claimed special damages of Kshs.26,007,614,587.95. It also prayed for:

“A permanent injunction to restrain the 1st Defendant whether by itself, its serv…

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