TIMSALES KENYA LIMITED V. RONALD NGALA OMUKA

J U D G E M E NT

1. This is an appeal from the ruling and order of the learned Principal Magistrate Mrs. On’ginjo delivered on 27^th of November, 2008 in C.M.C.C. No.474 of 2006. The appellant being dissatisfied with a portion of the ruling and orders given, appeals on the following grounds:-

(a) The learned trial magistrate erred in fact and in law in not appreciating that the appellant had raised matters of a fundamental nature to warrant the grant of all the orders sought in the application;

(b) The learned trial magistrate erred in fact and in law in failing to appreciate sufficiently or at all the principles applicable on determining the application that was before her;

(c) The learned trial magistrate erred in fact and in law in failing to appreciate that the orders sought in the application before her were for striking out of the suit as opposed to that of staying the suit;

(d) The learned trial magistrate erred infact and in making a ruling that was not tenable in law by staying the…