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UAP Provincial Insurance Co Ltd v. Michael John Beckett

(2004) JELR 96705 (CA)

Court of Appeal  •  Civil Application Nai 204 of 2004  •  22 Oct 2004  •  Kenya

Coram
Emmanuel Okello O'Kubasu, Erastus Mwaniki Githinji, William Shirley Deverell

Judgement

RULING OF THE COURT

This is an application for stay of proceedings pending the hearing and determination of an appeal from the ruling of the High Court of Kenya at Milimani Commercial Court (Mr. Justice O.K. Mutungi) dated April 27, 2004 in High Court Civil Case Number1310 of 2001.

The application in the superior court that gave rise to the ruling by Mutungi J. was an application for stay of proceedings in the High Court pending arbitration under the Arbitration Act of 1995. In his ruling dated April the 27th 2004 Mutungi J refused to grant the stay.

The hearing in the High Court is due to take place on November 1, 2004. If no stay is granted by this court before that date the hearing will proceed in the High Court and the appeal against the ruling of Mutungi J. will be futile or so it is contended by the applicant before us.

In order for the applicant to succeed in an application of this nature before us it is necessary for the applicant to satisfy us, firstly, that the pending appeal is…

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