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MUNAWAR SHUTTLE LIMITED
V.
COUNTY GOVERNMENT OF KILIFI & 2 OTHERS

(2020) JELR 98188 (CA)

Court of Appeal 24 Apr 2020 Kenya
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Case Details

Suit Number:Civil Appeal 61 of 2018
Judges:Daniel Kiio Musinga, Agnes Kalekye Murgor, Stephen Gatembu Kairu
Location:Malindi
Other Citations:Munawar Shuttle Limited v. County Government of Kilifi & 2 Others [2020] eKLR

JUDGMENT OF THE COURT

1. The appellant, Munawar Shuttle Limited, a company carrying on the business of public transport in Malindi, has appealed against the judgment of the High Court at Malindi (W. Korir, J.) delivered on 19th April 2018 dismissing its constitutional petition challenging the validity of directives given on 9th March 2017 by the County Government of Kilifi (the County), the 1st respondent, concerning the management and operations of Malindi Bus Park, also referred to as Malindi New Stage.

2. At the heart of the dispute is a stall identified as terminal 11200 or 2B at the Modern Bus Park in Malindi town. According to the appellant, which operates Matatu business between Malindi and Mombasa, that stall was allocated and leased to it by the County for its exclusive use. It asserted that from its long usage of that stall, it had established years of public goodwill from its customers who are accustomed to boarding its vehicles from that stall. It complained that the County …

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