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STANDARD LIMITED & 2 OTHERS
V.
WILSON KALYA & ANOTHER T/A KALYA & COMPANY ADVOCATES

(2002) JELR 93171 (CA)

Court of Appeal 26 Apr 2002 Kenya
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Case Details

Suit Number:Civil Application Nai 369 of 2001 (196/01 UR)
Judges:Riaga Samuel Cornelius Omolo, Samuel Elikana Ondari Bosire, Richard Otieno Kwach
Location:Nairobi
Other Citations:Standard Limited & 2 others v. Wilson Kalya & another t/a Kalya & Company Advocates [2002] eKLR

RULING OF THE COURT

This being an application under rule 5 (2) (b) of the Court's rules for the stay of certain proceedings in the superior court at Eldoret, the three applicants, The Standard Limited, Wachira Waruru and Patrick Wachira, were bound to satisfy us, before they can succeed, on two points, namely:

(1)That the appeal which they have filed or which they intend to file is an arguable one, that is, that such appeal is not or will not be a frivolous one;

and

(2)That unless we grant to them the stay of proceedings which th ey seek, their appeal or intended appeal, if it were to succeed would be rendered nugatory.

We stress that the applicants had to satisfy us on both requirements.

On the material before us and having heard the arguments of the respective counsel for the parties, we are prepared to assume in favour of the applicants, and we do so, that the appeal or proposed appeal is an arguable one. The two respondents, Wilson Kalya and Simon Lilan are advocates in Eldoret and the…

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