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CMA CGM (K) LIMITED
V.
COMMISSIONER OF DOMESTIC TAXES

(2020) JELR 103434 (CA)

Court of Appeal 24 Apr 2020 Kenya
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Case Details

Suit Number:Civil Application 93 of 2020
Judges:Fatuma sichale Patrick Omwenga Kiage Stephen Gatembu Kairu
Location:Nairobi
Other Citations:CMA CGM (K) Limited v. Commissioner of Domestic Taxes [2020] eKLR

RULING OF THE COURT

The applicant CMA CGM (K) Limited seeks as against the Commissioner of Domestic Taxes (the respondent) an order staying execution of the Judgment and decree of the High Court (Tuiyott, J.) dated 7th February, 2020 pending an intended appeal. That judgment dismissed the applicant’s appeal to that court that challenged the respondent’s assessment and demand for withholding Tax amounting to Kshs. 299,130,352.00.

In the grounds on the face of the motion and the supporting affidavit of Joseph Mwai, its legal counsel/Manager, the applicant contends that it has an arguable appeal as discernible from its draft memorandum of appeal and that unless the orders sought are granted, the same will be rendered nugatory. Those two are the long-established principles upon the satisfaction of which this Court may intervene by way of interim relief under Rule 5(2)(b). See STANLEY KANGETHE KINYANJUI v. TONY KETTER and 5 OTHERS [2013] eKLR.

The respondent opposed the motion by way of a rep…

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