judy.legal
Login Register
📄 PDF

OMAR FAROUK OSMAN V. PINNACLE (K) TRAVELS & SAFARIS LIMITED,MOHAMMED TATAWI, ALEXANDEDRE NIYUNGEKO ANTENEH, ARAM, MAUREEN MUDE & JANE UWIMANA

(2016) JELR 93450 (CA)

Court of Appeal  •  Civil Application 137 of 2016  •  25 Nov 2016  •  Kenya

Coram
Hannah Magondi Okwengu, Sankale ole Kantai, Fatuma sichale

Judgement

RULING OF THE COURT

[1] By a notice of motion dated 27th May, 2016 lodged on 31st May, 2016, Omar Farouk Osman, the applicant seeks orders under section 3A of the Civil Procedure Act and Rule 5(2)(b) of the Court of Appeal Rules, for inter alia, orders of stay of: proceedings in High Court Civil Case No.528 of 2015; orders issued by the High Court on 3rd May, 2016, 29th February, 2016 and 30th October, 2015; pending the hearing and determination of his appeal that he has filed in this Court.

[2] According to the notice of appeal dated 23rd May, 2016 lodged on 25th May, 2016, the applicant is dissatisfied with the decision of the High Court (Sewe, J.), delivered on 20th May, 2016 and intends to appeal against the whole of the said decision. That ruling of the High Court is reflected as an order in the proceedings of the High Court forming part of the record of appeal. We reproduce the ruling/order hereunder verbatim:

“Order: this is the 2nd time the issue of compliance is coming up. I mad…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login