RULING OF THE COURT
The applicant in the present application intends to challenge on appeal to this Court the decision of the High Court (Mabeya, J.) made on 9th May, 2012 in which its application for leave to amend a holding defence was disallowed. In the meantime, it has brought this motion on notice for an order to stay further proceedings in the High Court pending the filing, hearing and determination of the intended appeal.
The genesis of this dispute leading to the institution of HCCC 490 of 2004 was a contract awarded by the 1st respondent, (Kenya Pipeline company Limited, KPCL) to the applicant (Cybercom Limited) for the provision by the latter of Information Technology (IT) Consultancy and Project Management Services. In the course of implementation of the project, the applicant awarded a tender to its subsidiary, Datalogix Ltd, (the 2nd respondent). A dispute arose between KPCL and the applicant following the award. Clause 15.4 of the original contract between KPCL and the app…