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Marti Telecommunications Ltd v. G4s Security Services (K) Limited

(2015) JELR 99272 (CA)

Court of Appeal  •  Civil Appeal 317 of 2010  •  18 Dec 2015  •  Kenya

Festus Azangalala, Philomena Mbete Mwilu, Jamila Mohammed



The appellant, Marti Telecommunications Limited (“the appellant”), sued the respondent, G4S Security Services (K) Limited (“respondent”), in the subordinate court (Milimani Commercial Court CMCC No. 3771 of 2008), for damages for breach of contract. That court awarded the respondent Kshs.426,816.03. The respondent, G4S Security Services (K) Limited, was aggrieved and, therefore, lodged Appeal Number 686 of 2009 at the High Court in Nairobi. The High Court (Sergon, J.), allowed the respondent’s appeal and set aside the award of Kshs. 426,816.03 substituting the same with a judgment in favour of the appellant for Kshs. 1,000/=. The respondent was awarded the costs of the appeal. That judgment of the High Court is not the subject of this appeal.

This appeal arises this way. During the pendency of HCCA No. 686 of 2009, the respondent, on 16th February, 2010, lodged an application for stay of execution which application was amended on 15th March, 2010. Before the amendm…

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