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West Kenya Sugar Company Limited v. Kenya Sugar Board & Butali Sugar Mills Limited

(2014) JELR 93820 (CA)

Court of Appeal  •  Civil Appeal 89 & 90 of 2011 (Consolidated)  •  19 Sep 2014  •  Kenya

Coram
John walter Onyango Otieno, Erastus Mwaniki Githinji, Sankale ole Kantai

Judgement

JUDGMENT OF THE COURT

[1] The two appeals were heard one after the other on different dates. Civil Appeal No. 90 of 2011 was heard first followed by Civil Appeal No. 89 of 2011. After the hearing of appeals the two appeals with the consent of the respective counsel were consolidated for purpose of judgment with the result that this judgment relates to the two consolidated appeals. Civil Appeal No. 90 of 2011 is against the ruling of the High Court (J.R. Karanja, J.) delivered on 12th November, 2011 whereby the High Court excluded the West Kenya Sugar Company Limited (WKSC) the appellant in both appeals and another body - West Kenya Outgrowers Company Limited (Weko) from participating howsoever in Judicial review application No. 17 of 2010. On the other hand, Civil Appeal No. 89 of 2011 is against the order of mandamus granted in the judicial review application on 30th November 2010 without the participation of West Kenya Sugar Company (WKSCO) compelling the Kenya Sugar Board (KSB) to g…

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