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MOMBASA COUNTY GOVERNMENT V. KENYA FERRY SERVICES,ATTORNEY GENERAL FOR & ON BEHALF OF THE INTER-GOVERNMENTAL RELATIONS TECHNICAL COMMITTEE & MYSPACE PROPERTIES LIMITED

(2019) JELR 97294 (SC)

Supreme Court  •  Application 29 of 2018  •  25 Feb 2019  •  Kenya

Coram
Jackton Boma Ojwang, Isaac Lenaola, Mohammed Khadhar Ibrahim, Smokin C Wanjala, Susanna Njoki Ndungu

Judgement

RULING

A. INTRODUCTION

[1] This is an application by way of Notice of Motion dated 5th September, 2018 brought under Articles 159 and 163(4)(a) of the Constitution, Sections 21(2) and 24(1) of the Supreme Court Act, Rules 23 and 26(1) of the Supreme Court Rules, 2012 and the inherent powers of this Court. The application seeks the following substantive orders:

a. ..............;

b. THAT the Honourable Court grants the Applicant an extension of time within which to file the instant petition of appeal;

c. THAT the Applicant be granted leave to file the instant petition of appeal out of time;

d. THAT the petition of appeal annexed herewith be admitted and deemed to be properly on record and to have been so filed within the stipulated time; and

e. Costs of this application be provided for.

[2] The application is premised upon fourteen (14) grounds in the body of the application and the Supporting Affidavit of Jimmy Waliaula, the Director Legal Services of the Applicant, sworn on 5th September, 2…

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