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Kenya Hotel Properties Limited v. Willesden Investments Limited & Kenya Revenue Authority

(2018) JELR 100052 (CA)

Court of Appeal  •  Civil Appeal 184 of 2013  •  16 Feb 2018  •  Kenya

Coram
William Ouko, Kathurima M'inoti, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

1. This is an appeal from a ruling of the High Court (Musinga, J, as he then was) delivered 27th January 2012 dismissing the appellant’s application for interim relief pending the hearing and determination of the appellant's constitutional Petition No. 13 of 2011 before the High Court at Nairobi. In that application, dated 31st January 2011, the appellant had sought interlocutory orders, pending the hearing and determination of its petition, for an injunction to prevent the Development Bank of Kenya Ltd from paying to Kenya Revenue Authority an amount of Kshs. 61,979,918.37 under a bank guarantee; a conservatory order, a stay of execution of the decree and proceedings in HCCC No. 367 of 2000, Willesden Investments Limited v. Kenya Hotel Properties Ltd; an order directing Kenya Anti-Corruption Commission, to carry out investigations to establish if Willesden Investments Limited, the 1st respondent, failed to pay taxes to the Government; an order directing Kenya Rev…

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