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KENYA BUREAU OF STANDARDS
V.
GEO CHEM MIDDLE EAST

(2021) JELR 113673 (SC)

Supreme Court 17 Mar 2021 Kenya
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Case Details

Suit Number:APPLICATION NO. 33 OF 2020
Judges:PHILOMENA MWILU, Ag. CJ & Ag. PRESIDENT MOHAMMED IBRAHIM, SCJ SMOKIN WANJALA, SCJ NJOKI NDUNGU, SCJ ISAAC LENAOLA, SCJ

RULING

A. Introduction

  1. The application before the Court is dated 23rd December 2020, and lodged on 28th December, 2020. It seeks to review and stay this Court’s Judgment and Orders issued on 18th December 2020, in SC Petition No. 47 of 2019. It is brought under Sections 3, and 21 (2) & (4) of the Supreme Court Act and Rules 3 (1) & (5), 28 (5) and 32 of the Supreme Court Rules, 2020.

  2. In the impugned Decision, this Court overturned the Court of Appeal Judgment (Karanja, Sichale & Mohammed, JJ,A.) delivered on 22nd November, 2019 in Civil Appeal No 259 of 2018, and affirmed the High Court Judgment (Ochieng, J.) delivered on 30th May, 2017 in HCCC Miscellaneous Cause Nos. 455 and 501 of 2016, where in, the trial Court adopted an arbitral award and directed the applicant to pay the sum of USD 15, 401,504.70 and costs of the arbitration.

    B. The Application

  3. The application is supported by the Supporting and Supplementary Affidavits sworn by Luise Rasanga on 23rd December, 2020 and 6…

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