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Meridian Export Ltd v. D Chandulala K Vora & Company

(2005) JELR 99148 (CA)

Court of Appeal  •  Civil Application Nai 13 of 2005  •  18 Mar 2005  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, John walter Onyango Otieno, William Shirley Deverell

Judgement

RULING OF THE COURT

This is an application by Notice of Motion dated 28th January, 2005 for a stay of execution pending the lodging and hearing of an intended appeal from the judgment of the superior court (Ibrahim J) dated 7th January, 2005 delivered in Miscellaneous Civil Application No. 1160 of 2004. This case was an application for judicial review pursuant to 0.53 of the Civil Procedure Rules in which D.CHANDULAL K. VORA and COMPANY LIMITED (hereinafter “Vora”) (which is the respondent in the present application before us) sought principally an order of certiorari to remove into the High Court, with the purpose to quash, the ruling made on 4th August, 2004 by the Public Procurement Complaints, Reviews and Appeals Board (hereinafter “the Board”).

The background to the litigation was accurately summarised by the superior court as follows:-

“JUDGMENT

The Applicant, Messr. Chandulal K. Vora and Co. Limited was the successful bidder of a tender for the supply of 101,000 single phase electr…

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