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Trade Winds Express Limited & Barry Michael Tomlinson v. Eurocraft Agencies Limited

(2010) JELR 96468 (CA)

Court of Appeal  •  Civil Application 164 of 2010  •  10 Dec 2010  •  Kenya

Coram
Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, Erastus Mwaniki Githinji

Judgement

RULING OF THE COURT

This is an application under Rule 5 (2) (b) of the Court of Appeal Rules for an order that the proceedings in the High Court Civil Suit No. 543 of 2003 be stayed pending the hearing and determination of the intended appeal against the ruling delivered on 16th October, 2009. The two applicants are the defendants in H.C.C.C. No. 543 of 2003 and the respondent is the plaintiff in the suit. The respondent, Eurocraft Agencies Ltd. (Eurocraft), avers in the plaint, among other things, that the 2nd applicant Barry Michael Tomlinson (Barry); his wife Sue M. Tomlison and his son Mark Tomlinson are the shareholders of the Trade Winds Express Ltd. (Trade Winds) the 1st applicant; that the two applicants are also shareholder of the Eurocraft; that at the material times Barry was the Managing Director of both Euro Craft and Trade Winds; that by a concession agreement dated 1st March, 1995, Kenya Airport Authority granted a concession to Eurocraft to undertake ground handling and…

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