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COMMISSIONER OF CUSTOMS, KENYA REVENUE AUTHORITY & REGISTRAR OF MOTOR VEHICLES V. AMIT ASHOK DOSHI, ASHOK DOSHI & MEHIL PATEL & AHMED SAID AHMED & AHMED JAFFAR TAIBAL

(2007) JELR 103118 (CA)

Court of Appeal  •  Civil Appli 94 of 2007 (UR 61/07)  •  8 Jun 2007  •  Kenya

Coram
Emmanuel Okello O'Kubasu John walter Onyango Otieno Erastus Mwaniki Githinji

Judgement

RULING OF THE COURT

We have before us an application brought by way of a notice of motion under rule 5(2) (b) of the Court of Appeal Rules (the Rules) in which the applicants, The Commissioner of Customs, The Kenya Revenue Authority and The Registrar of Motor Vehicles, being the first, second and third applicants respectively, are seeking on the main two orders appearing as prayers 2 and 3 in the application together with an order that costs of and incidental to the application do abide the results of the intended appeal. The two main orders sought are:

“2. That there be a stay of the orders of the superior court issued on 30th March 2007:

(a) That by way of Judicial Review and (sic) order of certiorari be and is hereby issued to remove into the High Court for purposes of it being quashed the public Notice Published in the Standard and Nation of 26th May 2006 and 28th May 2006 respectively.

(b) That by way of Judicial Review an order of prohibition be and is hereby issued prohibiting the …

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