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DOCK WORKERS UNION & ANOR V. PORTSIDE FREIGHT TERMINALS LIMITED & 10 ORS

(2024) JELR 112233 (SC)

Supreme Court  •  PETITION (APPLICATION) NO. E010 OF 2024 (CONSOLIDATED WITH PETITION NO. E011 OF 2024)  •  26 Jul 2024  •  Kenya

Coram
Mwilu, DCJ & VP Ibrahim, SCJ Wanjala, SCJ Lenaola, SCJ Ouko, SCJ

Appearances
Mr. Marube h/b for Mr. Nyaundi for the 1st appellant/applicant Marende & Nyaundi Associates) Mr. Okiya Omtatah Okoiti the 2nd appellant/applicant (In Person) Ms.Esajee h/b for Mr. Khagram for the 1st, 2nd and 3rd respondents (AB Patel & Patel Advocates) Non-appearance by the 4th, 5th, 6th, 7th, 8th, 9th and 10th respondents Ms. Eileen Imbosa for the 11th respondent (Katiba Institute)

Judgement
<p style="text-align: center"><strong><u>RULING OF THE COURT</u></strong></p><p style="text-align: justify"><strong>[1]   </strong>This ruling is intended to dispose of two similar motions for conservatory and injunctive orders dated 7th May 2024 and 6th May 2024 filed by Dock Workers Union (the 1st applicant) and Okiya Omtatah Okoiti (the 2nd applicant), respectively.</p><p style="text-align: justify"><strong>[2]  </strong>Apart from the two applications before us, it is instructive to note also that two appeals being <strong>Petition No. E010 of 2024 </strong>at the instance of the 1st applicant and <strong>Petition No. E011 of 2024 </strong>by the 2nd applicant, have been lodged in this Court’s Registry against the Court of Appeal’s judgment in <strong>Civil Appeal No. E130 of 2023 </strong>dated 23rd February 2024. The two appeals were consolidated by a consent order recorded by this Court on 17th May 2024, wherein <strong>Petition No. E010 of 2024 </strong>was designated as the lead file.</p><p style="text-align: justify"><strong>[3]    UPON READING </strong>the two aforesaid Notice of Motions expressed to be brought pursuant to Sections 23A and 24 of the Supreme Court Act and Rules 3, 31 and 32 of the Supreme Court Rules, 2020 for orders, <em>inter alia </em>t…</p>

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