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Kenya Ports Authority v. Maur Abdalla Bwanamaka

(2019) JELR 99980 (CA)

Court of Appeal  •  Civil Appeal (Application) 49 of 2018  •  26 Sep 2019  •  Kenya

Coram
Stephen Gatembu Kairu

Judgement

IN THE COURT OF APPEAL

AT MALINDI

(BEFORE: GATEMBU, JA)

CIVIL APPEAL (APPLICATION) NO. 49 OF 2018

BETWEEN

KENYA PORTS AUTHORITY................................................. APPLICANT

AND

MAUR ABDALLA BWANAMAKA................................. RESPONDENT

(Being an application to arrest judgment and to re-hear this appeal)

****************

RULING ON QUESTION OF URGENCY

1. On 18th July 2019, I declined to certify as urgent, an application by the respondent dated 17th July 2019 seeking orders for arrest of judgment and for the rehearing of this appeal. Subsequently, the respondent sought a hearing inter partes on the question of urgency under Rule 47(5) of the Court of Appeal Rules. I heard counsel on the matter of urgency on 24th September 2019.

2. Learned counsel for the applicant, Mrs. Makuto, submitted that during the hearing of the appeal on 17th June 2019, the advocate who was handling the matter on behalf of the respondent in the appeal, Mr. Muchiri, was unwell and the hearing of the appel…

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