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Misnak International (UK) Limited v. 4MB Mining Limited c/o Ministry of Mining, Juba Republic of South Sudan, Total Link Logistics, Union Link Logistics & Freight Forwarders (K) Limited

(2018) JELR 99050 (CA)

Court of Appeal  •  Civil Application 94 of 2018  •  15 Nov 2018  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja

Judgement

RULING OF THE COURT

1. The applicant herein is calling upon us to invoke our original and discretionary jurisdiction under Rule 5(2)(b) of the Court of Appeal Rules (the Rules) and issue the following orders:

i. Stay of the order issued on 6th July, 2018 in H.C.C.C No. 30 of 2018 pending the hearing and determination of the intended appeal against that order.

ii. Stay of all further proceedings in H.C.C.C No. 30 of 2018 pending the hearing and determination of the intended appeal against the order issued therein on 6th July, 2018.

The applicant is of the view that those orders will preserve the subject matter of the intended appeal pending its determination as envisaged in Equity Bank Limited v. West Link Mbo Limited [2013] eKLR .

2. The salient facts which gave rise to the application are that the 1st respondent was contracted by the Government of South Sudan to undertake mining activities in Juba and Luri. In order to carry out its obligation, the 1st respondent engaged the services of t…

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