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Kenya Bureau of Standards v. Kwale International Sugar Co Ltd, Ministry of Trade, Kenya Revenue Authority, Directorate of Criminal Investigations & Attorney Genera

(2020) JELR 100116 (CA)

Court of Appeal  •  Civil Application 84 of 2019 (Ur 65/19)  •  4 Dec 2020  •  Kenya

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



In the Motion on Notice before us dated 16th September 2019, the applicant, Kenya Bureau of Standards, seeks, as far as is now relevant, orders worded as follows:

i. That there be a stay of proceedings in High Court Petition No 226 of 2018 Kwale International Sugar Company v. Kenya Bureau of Standards and 4 Others fixed for delivery of further judgment on 30th September 2019, pending the lodging, filing, hearing and determination of an intended appeal;

ii. That there be a stay of execution of the judgment dated and signed 7th March 2019 or any other judgment by the Honourable Justice Ogola pending the lodging, filing, hearing and determination of an intended appeal.

The application is based on the grounds that the trial court delivered a judgment on 7th March 2019; that even though it was functus officio, the court suo motto decided to visit the 1st respondent’s premises and ordered the appellant to re-sample the 1st respondent’s sugar; that the court subsequently hear…

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