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Oilcom Kenya Limited v. Permanent Secretary Ministry of Roads & Public Works & Attorney General

(2006) JELR 95006 (CA)

Court of Appeal  •  Civ Appli 303 of 2006  •  22 Dec 2006  •  Kenya

Coram
Emmanuel Okello O'Kubasu, John walter Onyango Otieno, William Shirley Deverell

Judgement

RULING OF THE COURT

This is an application by way of Notice of Motion brought under Rule 5(2)(b) and Rule 42 of the Court of Appeal Rules (the Rules) in which the applicant, Oil Com Kenya Limited seeks the following orders:-

“1. This application be certified as urgent and it be heard on a priority basis.

2. That as against the 1st respondent an interim stay of demolition of petrol station and all structures erected on LR No.17645/2 be granted pending hearing and final determination of this application.

3. That as against the 1st respondent a stay of demolition of petrol station and all structures erected on LR No. 17645/2 be granted pending hearing and final determination of an intended appeal from the Order of Honourable Lady Justice Wendoh dated 29th November, 2006 in High Court Miscellaneous Civil Application No. 701 of 2006 (Nairobi.).

4. Costs be provided for.”

The application is supported by the affidavit of Feisal M. Mohamed sworn on 30th November, 2006 and on the following grounds:-…

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