Masai Cables Ltd v Kenya Stationers Ltd (Civil Appeal E842 of 2025) [2026] KEHC 10485 (KLR) (Civ) (15 July 2026) (Directions)
The court identified a threshold jurisdictional question from the record and, because jurisdiction is fundamental and the appeal is at an early stage, directed that the issue be addressed first before the pending motion is determined.
Source-derived case information.
- Citation
- [2026] KEHC 10485 (KLR)
- Parties
- Applicant/appellant: Masai Cables Ltd; Respondent: Kenya Stationers Ltd
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E842 of 2025
- Procedural Posture
- Civil Appeal / Directions on Jurisdiction; Ruling on Motion Held in Abeyance
- Outcome
- Directions issued; ruling on motion held in abeyance pending determination of jurisdiction.
- Judges
- ["AC Mrima"]
- Legal Topics
- Appellate Jurisdiction of the High Court, Jurisdictional Objection Raised by the Court, Interim Stay Pending Determination of Jurisdiction, Submissions on Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Masai Cables Ltd
Applicant/appellant
Kenya Stationers Ltd
Respondent
Procedural Posture
Civil Appeal / Directions on Jurisdiction; Ruling on Motion Held in Abeyance
Legal Issues
- 1 Whether the High Court, sitting as an appellate court, is properly seized of jurisdiction to hear and determine the appeal
- 2 Whether the pending ruling on the Notice of Motion dated 19th August 2025 should be held in abeyance pending determination of jurisdiction
Ratio Decidendi
The court identified a threshold jurisdictional question from the record and, because jurisdiction is fundamental and the appeal is at an early stage, directed that the issue be addressed first before the pending motion is determined.
Court Disposition
Directions issued; ruling on motion held in abeyance pending determination of jurisdiction.
Orders
- The ruling on the Notice of Motion dated 19th August 2025 is held in abeyance pending determination of jurisdiction.
- The interim stay of execution orders shall remain in force pending further orders of the Court.
Full Case Text
Judgment text and source record
1 paragraphs
**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** ***-versus-*** **MASAI CABLES LTD…………………........……...APPLICANT/APPELLANT** ***-versus-*** **KENYA STATIONERS LTD………….…………………………..RESPONDENT** **DIRECTIONS** 1. Whereas a ruling in respect to the Notice of Motion dated 19th 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 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,** LearnedCounsel for the Respondent **Mr. Ngira,** LearnedCounsel for the Appellant. **Amina** –Court Assistant.