ABN Amro Bank N.V v Kenya Pipeline Company Limited [2015] KECA 150 (KLR)
The bottom line
#Kenya's Court of Appeal refused to halt a Shs.26 million costs bill, holding that a party seeking a stay must prove the appeal would be worthless without one.
What this practically means
#Executive summary
#Key legal issues
#Arguability of the intended appeal against the striking out of the applicant's suit for default in supplying documents ordered on discovery
The Court found one arguable point: whether the learned judge was right to hold the requested documents relevant.
The High Court judge had ordered the applicant to supply specified documents within a limited period, in default the suit to be struck out; the suit was struck out. Whether the judge was right to find the documents relevant was an arguable point, and a single arguable point suffices under Rule 5(2)(b).
Whether the appeal would be rendered nugatory if taxation of the respondent's bill of costs proceeded
No - the nugatory limb failed and the application was dismissed.
The bill of about Shs.26 million had not been taxed, so the amount payable was unknown. The applicant, a large foreign bank, did not respond to the respondent's invitation to identify contested items and did not seek stay at the High Court. The contention that the untaxed sum was colossal and would jeopardize operations 'stands on quick sand'.
Legal principles established
#- To succeed under Rule 5(2)(b), an applicant must establish both an arguable appeal and that the appeal will be rendered nugatory if stay or injunction is not granted; failing either limb, the application fails.
- A single arguable point suffices to satisfy the arguability threshold under Rule 5(2)(b).
Court orders
#- 1.The motion dated 10th July, 2015 is dismissed
- 2.Costs of the application to the respondent
- On appeal from
- High Court of Kenya at Nairobi
- HCCC. No. 3 of 2012
- Jurisdiction invoked
- Sections 3(2), 3A, 3B of the Appellate Jurisdiction Act, Cap 9; Rules 1(2), 5(2)(b), 42 of the Court of Appeal Rules, 2010; Article 159(2) of the Constitution
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "ABN Amro Bank N.V v Kenya Pipeline Company Limited [2015] KECA 150 (KLR)", Case Analysis (2015). Civil Application No. NAI. 191 of 2015. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2015/150/eng@2015-12-11
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.