STEPHEN KIPKATAM KENDUIYWA & 6 OTHERS V. ISMAIL GULAMALI & 3 OTHERS

RULING OF THE COURT

The application before us is by way of notice of motion dated 29^th September, 2010 and lodged in Court on 6^th October, 2010. It is brought under rule 5(2) (b) of the Court of Appeal Rules. It seeks amongst others that:

“1. ...

2. There be an order of stay of any further proceedings to the High Court in High Court Civil Case No. 31 of 2010 (Mombasa) between Ismail Gulamali and 2 Others v. Stephen Kipkatam Kenduiywa and 7 Others pending the hearing and determination of the appeal.

3. An order for injunction be issued in the following terms pending the hearing and determination of the appeal:

(a) The 1^st and 2^nd Respondents jointly and severally whether acting by themselves, their servants, agents or representatives or in any other manner howsoever be and are hereby restrained by an order of a temporary injunction from convening, holding or conducting any meeting of the 3^rd respondent whether as a General Manager of the company or its Board of Directors and from passin…