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Migori County Government & Moses Chamwada v. Migori County Transport Sacco

(2018) JELR 99079 (CA)

Court of Appeal  •  Civil Application 82 of 2017 (UR 53/2017)  •  18 Oct 2018  •  Kenya

Coram
Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed

Judgement

RULING OF THE COURT

Background

[1] This is an application by way of Notice of Motion dated 28th September, 2017 brought under Rule 5 (2) (b) of the Court of Appeal Rules seeking an injunction and stay of execution of the judgment and decree of the High Court dated 28th March, 2017.

[2] The background of the application is that Migori County Transport Sacco (the respondent), filed Petition No. 3 of 2016, (the Petition) on 13th May, 2016, in the High Court against Migori County Government (the 1st applicant), and Moses Chamwada (the 2nd applicant), who is the Cabinet Secretary for the Ministry of Transport in Migori County. The respondent contended that it had operated from a popular destination within Migori town known as Posta Bus Park; that the applicants unilaterally closed the respondent’s operational base at Posta Bus Park from where the respondent had been operating for a long time; that the applicants had declined to allocate the respondent any alternative operational base; that in…

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