REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MILIMANI LAW COURTS THE CIVIL APPELLATE DIVISION (Coram: A. C. Mrima, J.) CIVIL APPEAL NO. E842 OF 2025 -versusMASAI CABLES LTD…………………........……...APPLICANT/APPELLANT -versusKENYA STATIONERS LTD…………. …………………………..RESPONDENT DIRECTIONS 1. Whereas a ruling in respect to the Notice of Motion dated 19 th August 2025 is pending, this Court has, in the process of addressing the said application, been confronted by a jurisdictional issue which both parties did not address. Given the centrality of the issue of jurisdiction, and more so, since this appeal is still in its infancy stages, this Court finds it prudent to hear the parties on the issue. 2. Putting it more succinctly, and going by the pleadings in the suit, [Nairobi [Milimani] Chief Magistrates Commercial Court Suit No. E216 of 2023,] the resultant judgment dated 1st August 2025, the Memorandum of Appeal dated 14th August 2025, the Notice of Motion dated 19th August 2025 and the various submissions filed on record, the issue as to whether the High Court, as an appellate Court, is properly seized of jurisdiction to deal with this appeal, comes to the fore. 3. To that end, the following orders and directions hereby issue: [a] The ruling in respect to the Notice of Motion dated 19th August 2025 is hereby held in Page 1 of 3
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abeyance pending the determination of the issue of jurisdiction. [b] The interim stay of execution orders shall remain in force pending further orders of this Court. [c] The parties shall file and exchange written submissions on whether this Court is properly seized of jurisdiction within 14 days of this order. [d] The matter shall be fixed for highlighting of submissions on a date to issue. Orders accordingly. DELIVERED, DATED and SIGNED at NAIROBI this 15th day of July, 2026. A. C. MRIMA JUDGE Directions virtually given in the presence of: Mr. Orual, Learned Counsel for the Respondent Mr. Ngira, Learned Counsel for the Appellant. Amina – Court Assistant. Page 2 of 3
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