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Kenya Airports Authority v. Mitu-Bell Welfare Society & Attorney General

(2014) JELR 100157 (CA)

Court of Appeal  •  Civil Application 114 of 2013(Ur 77/2013  •  18 Jul 2014  •  Kenya

Coram
Roselyn Naliaka Nambuye, Patrick Omwenga Kiage, Agnes Kalekye Murgor

Judgement

RULING OF THE COURT

By its motion dated 28th May 2014, Kenya Airports Authority (the applicant) seeks from this Court an order of stay of execution of the judgment and decree of the High Court (Ngugi J) made on 11 th April

2013 and any subsequent orders issued in its furtherance pending the final determination of an intended appeal.

The grounds on which the application is premised appear on its face and they include assertions that the applicant does have an arguable appeal with high chances of success, and that if the stay sought is not granted, the intended appeal would be rendered irrelevant, nugatory and academic.

The application is supported by the Affidavit of Eng. Stephen Gichuki, the applicant’s Managing Director expressed as sworn on 28th May 2013. In it he details the chronology of events leading to the application before us. He also points out what the applicant perceives to be errors on the part of the learned Judge the effect of which is to render the applicant’s intended app…

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