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THE OWNERS OF THE MOTOR VESSEL 'DOLPHIN STAR'
V.
E.T. TIMBERS PTE LIMITED

(2021) JELR 113595 (CA)

Court of Appeal 17 Dec 2021 Kenya
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Case Details

Suit Number:CIVIL APPLICATION NO. E063 OF 2021
Judges:STEVEN GATEMBU KAIRU, JA PAULINE NYAMWEYA, JA JESSIE LESSIT, JA
Location:Mombasa

RULING

1.This is a notice of motion application dated 10th September 2021, brought pursuant to Section 49 (3) of the Senior Court’s Act 1981 [of England, hereinafter the Act], Rules 3.1 (2) (f) and 57.2 of the English Civil Procedure Rules and Sections 3 A and 3 B of the Appellate Jurisdiction Act (Cap 9) and Rule 5 (2) (b) of the Court of Appeal Rules 2010, Sections 4 (2) and (3) of the Judicature Act (Cap 8) and the inherent Jurisdiction of the Court.

2.The Applicant seeks prayer 1(d) of the application which is as follows:

“(d)After the said inter parties hearing to order a stay of the High Court proceedings pending the hearing and determination of an appeal from the Ruling and Orders made in

3.The Applicant has premised its application on the following grounds:

  1. The Respondent issued in rem proceedings against the motor vessel Dolphin Star on 4th April 2021 and obtained a warrant of Arrest on the same day.

  2. That the Applicant filed an application dated 16th April 2021 under certificate of…

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