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National Oil Corporation of Kenya v. Yess Holdings Limited

(2000) JELR 98522 (CA)

Court of Appeal  •  civil misc appl 30 of 00  •  24 Feb 2000  •  Kenya

Coram
Samuel Elikana Ondari Bosire

Judgement

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

**************

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…

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