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HOUSING FINANCE COMPANY OF KENYA LIMITED & ANOR.
V.
HIRJI

(2021) JELR 113668 (SC)

Supreme Court 24 Mar 2021 Kenya
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Case Details

Suit Number:PETITION (APPLICATION) NO. 46 OF 2019
Judges:PHILOMENA MWILU, Ag. CJ & Ag. PRESIDENT MOHAMMED IBRAHIM, SCJ SMOKIN WANJALA, SCJ NJOKI NDUNGU, SCJ ISAAC LENAOLA, SCJ

RULING

  1. On the 25th of September 2020, this Court, (Lenaola, SCJ) adopted as an Order of this Court, a Consent dated 10th of September 2020, marking Petition of Appeal No. 46 of 2019 as settled. It was noted that on record, there was a letter by Taib A Taib Bajaber, Advocate, who is not a party to the proceedings, but was opposed to adoption of the Consent Order.

  2. The Applicant, Firoze Nurali Hirji, in his Notice of Motion Application dated 1st October 2020, and filed on 13th October 2020, supported by his affidavit deponed on 1st of October 2020, and in his submissions filed on 1st October 2020, and supplementary submissions dated 22nd October 2020, seeks the following orders:

    i. An interim stay of enforcement of the consent order dated 10th September 2020, as adopted by this Honorable Court on the 25th of September 2020 as against the 1st Appellant and its agents.

    ii. That the Consent order dated 10th September 2020 and adopted by this Court on the 25th of September 2020 be set aside.

    iii.…

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