Kenya Ports Authority v. Maur Abdalla Bwanamaka

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)

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RULING ON QUESTION OF URGENCY

1. On 18^th July 2019, I declined to certify as urgent, an application by the respondent dated 17^th 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 24^th September 2019.

2. Learned counsel for the applicant, Mrs. Makuto, submitted that during the hearing of the appeal on 17^th 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…