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KRYSTALLINE SALT LIMITED
V.
WATER RESOURCES MANAGEMENT AUTHORITY

(2024) JELR 112634 (SC)

Supreme Court 2 Aug 2024 Kenya
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Case Details

Suit Number:Petition (Application) E007 of 2024
Judges:PM Mwilu, DCJ & VP MK Ibrahim, SCJ SC Wanjala, SCJ I Lenaola, SCJ W Ouko, DCJ
Counsel:Mr. Jotham Arwa for the petitioner/applican (Rachier & Amollo LLP) Prof. Albert Mumma for the respondent (Prof. Albert Mumma & Co. Advocates)

RULING OF THE COURT

[1] UPON PERUSING the Notice of Motion dated 11th March 2024 and filed on 15th March 2024, pursuant to Section 23A of the Supreme Court Act 2011, and Rules 31 and 32 of the Supreme Court Rules 2020, seeking inter alia, stay of execution against the Judgment and Orders of the Court of Appeal (Musinga (P), Omondi & Ngenye, JJ.A) delivered on 23rd February 2024, pending the hearing and determination of the appeal, and any consequential orders; and

[2] UPON READING the grounds on the face of the application and the supporting affidavit sworn by the applicant’s Chief Executive Officer, Hasmita Patel on 11th March 2024, wherein she contends that: the appeal is arguable with high chances of success (she restates 12 grounds set out in the Memorandum of Appeal to support this argument); unless the orders sought are granted, theappeal will be rendered nugatory, should the respondent execute its judgment of Kshs. 185,500,000, thereby forcing it to shut down its operations and s…

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