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Municipal Council of Mombasa & Summit Cove Lines Company Limited v. Kenya Transport Association

(2011) JELR 98823 (CA)

Court of Appeal  •  Civil Application 26 of 2011  •  18 Mar 2011  •  Kenya

Coram
Daniel Kennedy Sultani Aganyanya, Alnashir Ramazanali Magan Visram, Erastus Mwaniki Githinji

Judgement

RULING OF THE COURT

This is an application under Section 3 (2), 3A, 3B of Appellate Jurisdiction Act (Act) and Rule 5 (2) (b) of the Court of Appeal Rules (Rules) seeking three main orders, namely, stay of execution of orders of 4th February, 2011; stay of execution of the exparte orders granted by the superior court (Ojwang J) on 31st January, 2011 and confirmed on 4th February, 2011 and stay of further proceedings in Constitutional Petition No. 6 of 2011 pending the hearing and determination of the intended appeal.

On 31st January, 2011, the Kenya Transport Association (KTA), (Respondent) a registered association whose members are the owners and operators of lorries, trailers, fuel tankers and trucks filed a Constitutional Petition No. 6 of 2011 under various Articles of the Constitution in the High Court, Mombasa seeking a declaration that the Public, Private Partnership agreement between Municipal Council of Mombasa (council) and Summit Covelines Company Limited (Summit) (Applicants…

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