COUNTY DIRECTOR OF PLANNING & ARCHITECTURE, COUNTY GOVERNMENT OF MOMBASA V. MAKUPA TRANSIT SHADE LIMITED

RULING OF THE COURT

1. The Notice of Motion before us, dated 27^th July, 2017, is taken out principally under Rule 5(2) (b) of the Court of Appeal Rules (the Rules) wherein the applicant prays for -

i. Stay of execution, implementation and/or operation of the orders issued on 10^th February, 2017 and confirmed by the ruling dated 24^th July, 2017 in Misc. Cause No. 11 of 2017 pending the lodging, hearing and determination of the intended appeal against the ruling dated 24^th July, 2017.

ii. In the alternative, an order of stay of execution of the orders dated 24^th July, 2017 allowing the continued implementation of the orders dated 10^th February, 2017 sanctioning the reclamation of the Indian Ocean at Makupa Creek and construction works thereon pending the lodging, hearing and determination of the intended appeal against the ruling dated 24^th July, 2017.

iii. An injunction be issued to restrain the respondent herein, its servants, agents, employees and/or any other persons acting pursuant t…