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Modern Holdings (E. A) Ltd v. Kenya Ports Authority

(2018) JELR 99034 (SC)

Supreme Court  •  Petition 20 of 2017  •  9 Oct 2018  •  Kenya

Coram
Jackton Boma Ojwang, Mohammed Khadhar Ibrahim, Philomena Mbete Mwilu, Smokin C Wanjala, Susanna Njoki Ndungu

Judgement

REPUBLIC OF KENYA

IN THE SUPREME COURT OF KENYA

(Coram: Mwilu DCJ and Vice-President, Ibrahim, Ojwang, Wanjala and Njoki, SCJJ)

PETITION NO. 20 OF 2017

MODERN HOLDINGS (E. A) LTD.........PETITIONER/RESPONDENT

?VERSUS?

KENYA PORTS AUTHORITY..................RESPONDENT/APPLICANT

Being an appeal from the Judgment and Decree of the Court of Appeal in Civil Appeal No.108 Of 2016 at Mombasa (Hon. Justice Milton Asike Makhandia, Hon. Justice William Ouko, Hon. Justice Kathurima M’Inoti JJ. A) dated and delivered on the 29th day of September,2017

RULING

1. UPON perusing the Notice of Motion application dated 30th November 2017 and filed herein on 1st December 2017 pursuant to section 163(4)(b) of the Constitution, section 17 of the Supreme Court of Kenya Act and all other enabling provisions of the law where the applicant herein seeks orders that the petition of appeal dated 3rd November 2017 and filed on even date and the Record of Appeal be struck out; and that the cost of and incidental to the appl…

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