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County Government of Kwale v. John Nyamongo Nyakongo t/a H.R. Ganijee & Sons

(2020) JELR 103043 (CA)

Court of Appeal  •  Civil Application 46 of 2020  •  4 Dec 2020  •  Kenya

Coram
Patrick Omwenga Kiage, Agnes Kalekye Murgor, Kathurima M'inoti

Judgement

RULING OF THE COURT

By way of a Notice of Motion dated 16th June 2020, the applicant, The County Government of Kwale sought stay of proceedings in HCCC No. 96 of 2015 against a ruling and order of the High Court at Mombasa (P.J. Otieno, J), delivered on 3rd December 2018, pending the hearing and determination of this application and the intended appeal. The motion was premised on the grounds that in a ruling dated 16th February 2018 in response to the applicant’s preliminary objection to the respondent’s plaint filed on 27th July 2015, the High Court struck out the suit having determined that it was statute barred, and therefore the court lacked jurisdiction to hear it.

Thereafter, by a Notice of Motion dated 19th March 2018, the respondent, John Nyamongo Nyakongo t/a H.R. Ganijee and Sons filed an application dated 19th March 2018 seeking review of the trial court’s decision, and on 3rd October 2018, the court allowed the application, set aside its order striking out the suit and reins…

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