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Stephen Maina Githiga, Eston Gakungu Gikoreh, Peter Kinyua, Francis Macharia Mark, Lerionka Tiampati & John F. Kennedy Omanga v. Kiru Tea Factory Company Ltd

(2020) JELR 95255 (SC)

Supreme Court  •  Application 12 of 2019  •  4 Sep 2020  •  Kenya

Coram
David Kenani Maraga, Isaac Lenaola, Mohammed Khadhar Ibrahim, Smokin C Wanjala, Susanna Njoki Ndungu

Judgement

RULING OF THE COURT

A. BACKGROUND

[1] Because of the nature of the present application, it is important to set out, in extenso, the gist of the dispute now before us and thereafter determine each outstanding matter sequentially.

[2] The initial application was filed as a Notice of Motion dated 3rd April, 2019 and filed on even date. It sought the stay of contempt proceedings against the Applicants then before the Court of Appeal. They, at the time were required to appear before the Appellate Court for mitigation and sentence.

[3] Subsequently, Kiru Tea Factory, the Respondent, filed a Notice of Motion dated 3rd May 2019 seeking to strike out the above application.

[4] Meanwhile, when the said initial and substantive application was mentioned before the Deputy Registrar on 6th May 2019, an issue arose as regards the legal representation of the Respondent, Kiru Tea Factory. This was fuelled by the fact that on 4th April, 2019, the firm of M/s. Triple OK Law had filed a Notice of Appointment …

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