[2023] KEHC 1220 (KLR)
The court determined that it could not proceed with the hearing of the matter due to the existence of a stay order issued in Misc civil application No E627 of 2019, which stayed all actions, operations of orders, and decrees against the defendant pending the determination of foreign proceedings in the Italian Court...
Source-derived case information.
- Citation
- [2023] KEHC 1220 (KLR)
- Parties
- Plaintiff: Emining Querry Limited; Defendant: CMC Ravenna Kenya Limted
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Commercial Case E458 of 2019
- Procedural Posture
- Commercial Case / Directions
- Outcome
- Matter stood over generally to await settlement or setting aside of the stay order.
- Judges
- DO Chepkwony
- Legal Topics
- Settlement Negotiations, Foreign Proceedings Stay
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Emining Querry Limited
Plaintiff
CMC Ravenna Kenya Limted
Defendant
Procedural Posture
Commercial Case / Directions
Legal Issues
- 1 Whether the matter can proceed in light of ongoing settlement negotiations and a stay order from another court.
- 2 Whether the court should await the outcome of foreign proceedings or the lifting of the stay before proceeding.
Ratio Decidendi
The court determined that it could not proceed with the hearing of the matter due to the existence of a stay order issued in Misc civil application No E627 of 2019, which stayed all actions, operations of orders, and decrees against the defendant pending the determination of foreign proceedings in the Italian Court – Ravenna. Additionally, as there was no confirmed settlement between the parties, the court found it appropriate to stand over the matter generally, pending either a settlement or the setting aside of the stay order. The court directed the parties to move the court as appropriate depending on the developments in settlement negotiations or the status of the stay order.
Court Disposition
Matter stood over generally to await settlement or setting aside of the stay order.
Orders
- This matter is stood over generally to await settlement as between the parties or setting aside of the orders dated September 28, 2020, whichever may come first.
- Parties to move court appropriately and accordingly.
Full Case Text
Judgment text and source record
21 paragraphs
Emining Querry Limited v CMC Ravenna Kenya Limted (Commercial Case E458 of 2019) [2023] KEHC 1220 (KLR) (Commercial and Tax) (1 February 2023) (Directions)
Neutral citation: [2023] KEHC 1220 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Commercial and Tax
Commercial Case E458 of 2019
DO Chepkwony, J
February 1, 2023
Between
Emining Querry Limited
Plaintiff
and
CMC Ravenna Kenya Limted
Defendant
Directions
1. The matter is for mention for parties to confirm the status of negotiations and directions. This matter is pending confirmation of settlement given that the foregoing negotiations between parties and the press conference by the defendant with the latest one having been released on June 28, 2020 intimating that the defendant was engaging a voluntary arrangement to settlement with the creditors.
2. In that state of affairs, there is clearly no settlement in the matter yet. However, owing to orders issued on September 28, 2020 in Misc civil application No E627 of 2019 staying all actions, operation of orders and decrees against the defendant, pending determination of the foreign proceedings in the Italian Court – Ravenna, this court cannot proceed with hearing of this matter.
3. As such, this matter is stood over generally to await settlement as between the parties or setting aside of the orders dated September 28, 2020, whichever may come first.
4. Parties to move court appropriately and accordingly.
It is so ordered.
DIRECTIONS DELIVERED VIRTUALLY, DATED AND SIGNED AT NAIROBI THIS 1ST DAY OF FEBRUARY, 2023. D. O. CHEPKWONYJUDGEIn the presence of:Mr. Kangara holding brief for Mr. KIbet for the PlaintiffCourt Assistant - Sakina