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Commissioner of Mines & Geology, Secretary, Ministry of Mining & Stema Alloys Enterprise Ltd

(2015) JELR 103103 (CA)

Court of Appeal  •  Civil Application 294 of 2014  •  6 Feb 2015  •  Kenya

Coram
Roselyn Naliaka Nambuye, Wanjiru Karanja, William Ouko

Judgement

RULING OF THE COURT

The respondent, Stema Alloys Enterprise Limited, a limited liability company, licensed to deal in minerals brought an action in the High Court against the applicants, challenging the decision of the Commissioner of Mines and Geology (1st applicant) to impound the former’s export consignment comprising crushed malachite ore destined for South Korea on allegation that the export permit accompanying the consignment was a forgery and that the respondent had in some instances failed to comply with the Mining Act. In the suit, the respondent prayed that the respondents be directed by an order of mandatory injunction to unconditionally and forthwith release the consignment. They also sought an order for general damages.

The 1st appellant denied the allegations maintaining that the consignment was impounded by the Kenya Revenue Authority (and not the 1st appellant) after it became apparent that the respondent was in violation of the law.

After hearing evidence in the dispute,…

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