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MIGORI COUNTY TRANSPORT SACCO
V.
MIGORI COUNTY GOVERNMENT & MOSES CHAMWADA

(2021) JELR 97633 (CA)

Court of Appeal 29 Jan 2021 Kenya
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Case Details

Suit Number:Civil Application 82 of 2017 (Ur 53/2017)
Judges:Wanjiru Karanja JA Hannah Magondi Okwengu JA Milton Stephen Asike Makhandia JA
Location:Kisumu
Other Citations:Migori County Transport Sacco v. Migori County Government & another [2021] eKLE

RULING OF THE COURT

[1] By a notice of motion which is undated, filed by the applicant Migori County Transport Sacco, the Court has been urged to vary, review, and/or rescind the ruling delivered on 18th October, 2018, and to vacate the orders of stay of execution granted to the respondents, Migori County Government and Moses Chamwada (1st and 2nd respondents respectively).

[2] The ruling sought to be reviewed, arose from an application brought under rule 5(2)(b) of the Court Rules, by the respondents for stay of execution of the judgment and decree of the High Court (Mrima, J) dated 28th March, 2017 in which the High Court had issued a declaration that the unilateral decision taken by the respondents to permanently close the Posta Bus Park without giving the petitioner (now applicant), an opportunity to be heard, and failure by the respondents to justly relocate the petitioner to another operational base prior to the closing of Posta Bus Park, was unconstitutional, null and void, and a…

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