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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 93668 (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. INTRODUCTION

[1] Before us are two applications; the first, filed by the Petitioners/Applicants, is dated 2nd December 2019. The specific prayers sought are that;

i) This Honourable Court grants stay of further proceedings in Nyeri Court of Appeal Civil Application No.137 of 2017 (sitting at Nairobi) Kiru Tea Factory Company Limited v. Stephen Maina Gitonga and 13 Others pending the hearing and final determination of the Applicants’ appeal filed before this Court.

ii) This Honourable Court grants stay of further proceedings, the hearing and prosecution of the Application dated 30th of May 2019 and as filed on the 31st May 2019 in Nyeri Court of Appeal Civil Application No.132 of 2017, Kiru Tea Factory Company Limited v. Stephen Maina Githiga and 32 Others pending the inter-parties hearing and final determination of Supreme Court Petition No.12 of 2019, Stephen Maina Githiga and Others v. Kiru Tea Factory Company Limited.

[2] The second is dated 20th December 2019 and…

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