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Cyrus Shakhalaga Khwa Jirongo v. Soy Developers Limited & 9 others

(2019) JELR 103012 (SC)

Supreme Court  •  Application 22 of 2019  •  19 Sep 2019  •  Kenya

Coram
David Kenani Maraga, Jackton Boma Ojwang, Mohammed Khadhar Ibrahim, Smokin C Wanjala, Susanna Njoki Ndungu

Judgement

REPUBLIC OF KENYA

IN THE SUPREME COURT OF KENYA

(Coram: Maraga; CJ and P, Ibrahim, Ojwang, Wanjala and Njoki, SCJJ )

APPLICATION NO. 22 OF 2019

BETWEEN

CYRUS SHAKHALAGA KHWA JIRONGO ...........................APPLICANT

AND

SOY DEVELOPERS LIMITED and 9 OTHERS...................RESPONDENTS

RULING

A. THE APPLICATION

[1] The applicant’s Notice of Motion dated 24 July 2019 came up as an urgent matter before a single Judge (Lenaola, SCJ) on 28 July 2019, and was accorded a certificate of urgency. It is from that stage that we now come to the Ruling of the Court, arrived at after considering the application’s merits.

[2] The applicant seeks stay of execution of the Court of Appeal’s decision in Civil Appeal No. 43 of 2017 and Civil Appeal No. 48 of 2017, which had been delivered on 19 July 2019

B. BEFORE THE APPELLATE COURT

[3] The Appellate Court had set aside the Judgment of the High Court in Nairobi (JR Misc. Application No. 78 of 2016), which had granted an Order of Certiorari, quashing a decision by…

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