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Muhoroni Sugar Company Limited v. Equip Agencies Limited

(2015) JELR 98860 (CA)

Court of Appeal  •  Civil Application 71 of 2015 (Ur 60 of 2015)  •  10 Jul 2015  •  Kenya

Alnashir Ramazanali Magan Visram, Sankale ole Kantai, Fatuma sichale



The applicant, Muhoroni Sugar Company Limited filed a Notice of Motion application dated 18th March 2015. The Motion was premised on Rule 5 (2) (b) of this Court’s Rules. It sought the following orders:-

“1. The proceedings of the superior court in Nairobi (Milimani) Commercial High Court Civil Case No. 497 of 2008 be stayed pending the hearing and determination of an appeal from the ruling and orders of the superior court given on 30th January 2015.

The costs of this application be provided for.”

The background to the motion is that the respondent EQUIP AGENCIES LIMITED filed an application on 18th July 2014 seeking an order to amend its plaint. The applicant opposed the application for amendment on the reasoning that if the amendment was to be allowed it would suffer prejudice as the transaction to be brought on board by the amendment occurred way back in 2005. It was the applicant’s further contention that if the amendment was to be allowed, it would have lost an o…

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