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Mombasa Seaport Duty Free Limited v. Kenya Ports Authority

(2006) JELR 98964 (CA)

Court of Appeal  •  Civ Appli 242 of 2006 (Ur 135/2006)  •  17 Nov 2006  •  Kenya

Coram
Philip Kiptoo Tunoi, John walter Onyango Otieno, Erastus Mwaniki Githinji

Judgement

RULING OF THE COURT

This is an application under Rule 5 (2) (b) of the Court of Appeal Rules (Rules) for two orders that:

“(a) That the orders made by the superior court on 21st August, 2006 dismissing the applicant’s suit in the superior court be stayed.

(b) That an order of stay be issued to prohibit the respondent from terminating the applicant’s lease in respect to part of the premises known as Old Buggage Hall erected on L.R. Mombasa Block 1/491 forfeiting the applicant’s lease to the said premises and/or interfering in any manner with the applicant’s possession of the premises”.

The application is supported by the affidavit of Sanjay K. Vaya, a Director of the applicant company to which he has annexed the relevant copies of proceedings, ruling of the superior court and copies of the relevant documents.

The dispute between the parties relates to the termination of a lease of business premises granted by the respondent, Kenya Ports Authority (KPA), to the applicant for alleged breach o…

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