REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: BOSIRE, J.A. (IN CHAMBERS)
CIVIL APPLICATION NO. NAI.30 OF 2000 (16/2000 UR)
BETWEEN
NATIONAL OIL CORPORATION OF KENYA ............................APPLICANT
AND
YESS HOLDINGS LIMITED .................................................RESPONDENT
(An application for stay of execution pending the intended appeal from the Order of High Court of Kenya at Kisumu (Justice Wambilyangah) dated the 12th day of January, 2000
in
H.C.C.C. No. 152 of 1999
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R U L I N G
On 12th January, 2000, Wambilyanga J., granted a mandatory injunction to the respondent in the instant application directing that it be put back in possession of a fuel service station on plot No. Block 3/163, Kisumu, owned by the applicant. The applicant was aggrieved and promptly filed a notice of appeal declaring its intention of challenging that decision on appeal. It contends that pending the filing and determination of its intended appeal the execution of the order s…