COMMISSIONER OF CUSTOMS & BORDER CONTROL & ANOR
V.
PERNOD RICHARD KENYA LIMITED

RULING OF THE COURT

This Notice of Motion dated 28^th November 2018 is made under sections 3, 3A and 3B of the Appellate Jurisdictions Act and rules 5 (2) (b) and 42 of the Court of Appeal Rules, and has been brought pursuant to a decision of the High Court (Okwany, J.) for orders –

1“....

2. THAT, there be a stay of execution of the Ruling delivered on 21^st November 2018 in Nairobi High Court Petition No. 232 of 2018, and orders flowing there from, pending the hearing and determination of this Application.

3. THAT there be a stay of execution of the Ruling delivered on 21^st November, 2018 in Nairobi High Court Petition No. 232 of 2018, and orders flowing there from, pending the hearing and determination of the Applicants intended appeal.

4. THAT there be a stay of proceedings in the Superior Court pending the hearing and determination of the Appeal.

5. THAT the costs incidental to this application to abide the results of the said intended Appeal”.

The application was made on the grounds that…