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Kenya Revenue Authority v. Akaba Investments Limited

(2020) JELR 99936 (CA)

Court of Appeal  •  Civil Application Nai. E 001 of 2020  •  4 Sep 2020  •  Kenya

Coram
Martha Karambu Koome, Jamila Mohammed, Stephen Gatembu Kairu

Judgement

RULING OF THE COURT

[1] As the heading of this Ruling suggests, this is an application seeking stay of execution of the judgement and consequential orders issued on 5th June, 2020 in Mombasa High Court Civil Suit No 47 of 2009 pending the hearing and determination of an intended appeal. In the said Judgment, Akaba Investments Limited (respondent) filed suit against Kenya Revenue Authority (applicant) seeking special and exemplary damages to the tune of USD 1,132,460.45 and Kshs. 405,108,353.30 together with interest thereon at the market rates and costs.

[2] Upon hearing the suit which was defended by the applicant, the learned trial Judge (Otieno, J.) entered judgment for the respondent in the following terms:-

“The Upshot is judgment is entered for the plaintiff against the defendant for the sum of USD 1,132,460.45 and Ksh. 405,108,353.30 as special damages with interest thereon at court rates from the date of filing suit until payment in full. The plaintiff shall also have costs of th…

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