Win For A Nairobi Businessman As Court Dismisses Total Energies Application Seeking Stay Order Over Sh4M.
Total Energies has received a major setback after the Court of Appeal dismissed its application that sought further 21 days to implement a court decision that directed it to pay a businessman a sum of Sh. 4 million.
While delivering his ruling on the matter after considering both parties submission, Justice F.Mugambi said that the appeal lacked merit and the matter was well heard and determined.
“The long and short of this is that the application dated December 21,2023 is dismissed with cost to the respondent,” said Justice Mugambi.
The judge said that in light of the submissions made by the applicant there are laid down protocols and structures within the applicant’s company for seeking such approvals and that nothing would have been easier to demonstrate the efforts put in place and the process that had culminated to the present application.
Hon. Mugambe added that it was unfortunate that none of the above had been furnished in court.
The Court High Court further dismissed other grounds on the application including a text message sent to the respondent.
“The e-mail refers to the negotiations that had allegedly taken place via a text.Proof of such other means of communication have not been provided as evidence that the applicant was engage in such negotiations and is therefore difficult for this court to come to a finding that there was indeed such negotiations between the parties,” he said.
Total Energies had sought the courts to extend time for the appellant to comply with stay conditions issued by the same court on November 10 by a further 21 days and for a stay of execution of the ruling and decree issued by Hon. S.A. Opande in Nairobi in case CMCC/E356 of 2022 pending a ruling by the same court.
Total had supported the application by an annex affidavit of Boniface Abana the Legal Manager of the applicant sworn on December 21,2023.
In response to the application, the respondent filed a notice of preliminary objection dated January 11, 2024 on the grounds that the application is subjudice.
In response at Milimani, businessman Ernest Mwaura had objected Total Energies application that sought “21 more days to stay a court ruling seeking Sh. 4 million from Total Kenya”.
Mwaura urged the court in his replying affidavit to strike out the application on grounds that it had already determined by the same court on November 10, 2023.
“The appellant applied for stay of execution which I object to.In a considered decision, this court allowed the stay on condition that the appellant deposits a sum of Sh. 4 million in an interest earning account in the joints names of counsel on record,” the businessman told the court.
He further told the court that the applicant has neither consulted him nor his counsel when the filed the application in court.
Mwaura urged the court to dismiss the application
