MADHUPAPER INTERNATIONAL LTD V. ATTORNEY GENERAL & 5 OTHERS

IN THE COURT OF APPEAL

AT NAIROBI

(Coram: Gachuhi, Gicheru and Cockar JJ A)

CIVIL APPLICATION NO NAI 23 OF 1993 (UR 12/93)

MADHUPAPER INTERNATIONAL LTD.................... APPLICANT

VERSUS

ATTORNEY GENERAL and 5 OTHERS...................... RESPONDENT

RULING

The applicant by its originating motion applied to the High Court for declaratory orders within the meaning of section 82 of the Constitution; an order for injunction; and for the award of damages against the State. The motion was supported by a lengthy and detailed affidavit of the applicant’s Executive Chairman. The motion was set down for hearing before Dugdale J. Before the actual hearing, the applicant filed an application in which it prayed that the learned judge disqualifies himself from hearing the motion on the ground that the trial court would favour the State at the expense of the applicant as the Court had done previously. In all constitutional suits which went before Dugdale, J it was the State that won. The application was d…