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Mumias Sugar Company Ltd v. Mumias Outgrowers Company

(2014) JELR 98834 (CA)

Court of Appeal  •  Civil Application 233 of 2013 (UR 168/13)  •  14 Mar 2014  •  Kenya

Coram
David Kenani Maraga, Roselyn Naliaka Nambuye, Mohammed Abdullahi Warsame

Judgement

RULING OF THE COURT

Before us is an application under rule 5 (2) (b) of this Court’s rules, in which the applicant, MUMIAS SUGAR COMPANY LIMITED, seeks two main orders. These are that:

There be a stay of proceedings pending before the sole arbitrator Mr. Ahmednasir M. Abdullahi pending the hearing and determination of the intended appeal against the order of the High Court; and

There be a stay of the taxation of the bill of costs dated 7th August 2013 and filed on 8th August 2013, and of any other enforcement proceedings pending the hearing and determination of the appeal against the order High Court.

The application is supported by the affidavit of EMILY KADENYI OTIENO, the Company Secretary and Legal Affairs Director of the Applicant, sworn on 28th August 2014, and opposed by grounds of objection dated 20th November 2013 and a replying affidavit of even date sworn by JUSTIN RAPANDO.

The applicant is a public company engaged in the business of commercial milling and production of sugar an…

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