CALTEX OIL (KENYA) LTD
V.
EVANSON NJIIRI WANJIHIA

RULING OF THE COURT

The applicant Caltex Oil (Kenya) Ltd now renamed Total Marketing Kenya Ltd filed an application dated 26^th June, 2009 under Rule 5 (2) (b) of the Court of appeal Rules seeking the following substantive orders:

“2. That the Honourable Court be pleased to grant a stay of execution of the Ruling and Order issued by the High Court of Kenya at Nairobi (the Honourable Lady Justice Ali-Aroni) on 16^th June, 2009 pending the hearing and determination of the application.

3. That the Honourable Court be pleased to grant a stay of execution of the Ruling and order issued by the High Court of Kenya at Nairobi (Honourable Lady Justice Ali-Aroni) on 16^th June, 2009 in High Court Civil Case No. 5366 of 1993 pending the lodging, hearing and determination of the intended appeal)........”.

The applicant relies on the following grounds:

“1.The applicant has an arguable appeal with good prospect of success and the intended appeal raises important points of law including the fact that the Ho…