RULING OF THE COURT
By its notice of motion dated 7th May, 2008 and lodged in this Court on 9th May, 2008 , Coastal Bottlers Ltd., the applicant herein, is asking the Court under Rule 5 (2) (b) of the Court’s Rules for an order:-
“That this Honourable Court be pleased to an order (sic) for stay of execution and statutory recovery proceedings under the Customs and Excise Act by the Respondent pursuant to the decision and order of the High Court of Kenya (the Hon. Justices J.G. Nyamu and R.P.V. Wendoh) made on 30th April, 2008 in the aforesaid High Court Miscellaneous Civil Application No. 1756 of 2005, R v. The Commissioner of Domestic Taxes, ex-parte Coastal Bottlers Ltd., pending the hearing of an appeal from the said decision in the Court of Appeal.”
The “Respondent” referred to in the above prayer is The Commissioner of Domestic Taxes. It would appear that on 13th December, 2005 the respondent demanded from the applicant the sum of K.Shs.137,128,368/- as taxes due from the applicant t…