JUDGMENT OF THE COURT
The appeal challenges the whole ruling and orders delivered on 2nd November, 2018 by five judges of the High Court – Hon. Achode, Ngugi, Nyamweya, Ogola and Mrima JJ., - with respect to the appellant’s Notice of Motion dated 12th June, 2018 and the 4th and 5th respondents’ preliminary objection dated 24th September, 2018. The 4th respondent also filed a cross appeal dated 6th February, 2019 raising grounds largely similar to those raised in the appeal.
The 1st to 3rd respondents are petitioners before the High Court. Their petition arises out of a Take or Pay Agreement dated 30th September, 2014 between the appellant and 6th respondent in which the appellant is obligated to consign a set volume of containers through the Standard Gauge Railway to the appellant’s Inland Container Deport in Embakasi, Nairobi. They state that the port of Mombasa run by the appellant is the Kenya entry and exit point for overseas cargo destined to a vast hinterland including Kenya, Ugan…