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KILUWA LIMITED & SULEIMAN SAID SHAHBAL V. BUSINESS LIASON COMPANY LIMITED, MUORGATE HOLDINGS LIMITED, COMMISSIONER OF LANDS & ATTORNEY GENERAL

(2019) JELR 96969 (SC)

Supreme Court  •  Petition Application 14 of 2017  •  26 Nov 2019  •  Kenya

Coram
Jackton Boma Ojwang, Isaac Lenaola, Philomena Mbete Mwilu, Smokin C Wanjala, Susanna Njoki Ndungu

Judgement

RULING

A. BACKGROUND

[1] This is a Notice of Motion Application dated 11th September 2017 and filed on the 13th of September 2017.

[2] The Applicants have moved the Court for orders that:

1. This Honorable Court be pleased to grant leave to the Applicants to file a Supplementary Record of Appeal to the Petition No 14 of 2017 filed on the 3rd August 2017.

2. The costs of and incidental to this Application be provided for and do abide the result of the Appeal in the said Petition.

[3] The Applicants previously moved this Court via an Application by Notice of Motion dated 2nd February 2017, seeking to extend time for filing and serving the Petition and Record of Appeal. A single Judge of this Court J.B. Ojwang SCJ, allowed the Application via Ruing dated 26th July 2017.

[4] Subsequently, the Applicants filed the Petition and Record of Appeal on the 3rd of August 2017, serving the same on the 3rd and 4th Respondents on the 4th August 2017, and on the 1st and 2nd Respondents on the 7th of August …

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