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Kibos Sugar & Allied Industries Limited & Kibos Power Limited v. Benson Ambuti Adega,Erick Ochieng,Bether Atieno Opiyo,Kibos Distillers Limited,National Environmental & Management Authority,County Government of Kisumu & Kenya Union of Sugar Plantation & Allied Workers

(2019) JELR 99852 (CA)

Court of Appeal  •  Civil Appeal (Application) 153 of 2019  •  9 Oct 2019  •  Kenya

Milton Stephen Asike Makhandia, James Otieno Odek, Patrick Omwenga Kiage



1. Three different applications for leave to adduce additional evidence were filed in this matter. The three applications are Kisumu Civil Application No. 187 of 2019; Kisumu Civil Application No. 188 of 2019 and Kisumu Civil Application No. 189 of 2019. The additional evidence sought to be adduced as per the three applications is similar.

2. In addition, six different appeals were filed against the impugned judgment of the Environment and Land Court at Kisumu (Hon. S. M. Kibunja J.) dated 31st July 2019 in ELC Petition No. 8 of 2018). The six appeals are Kisumu Civil Appeal No. 153 of 2019; Kisumu Civil Appeal No.162 of 2019; Kisumu Civil Appeal No. 187 of 2019; Kisumu Civil Appeal No. 188 of 2019; Kisumu Civil Appeal No. 189 of 2019 and Kisumu Civil Appeal No. 367 of 2019. The parties in the appeals are the same.

3. By consent of the parties as endorsed by an Order of this Court made on 2nd October 2019, the six appeals were consolidated with the lead file being Kis…

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