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PATRICK KABUNDU & 2 ORS.
V.
MOMBASA COUNTY GOVERNMENT & 6 ORS.

(2021) JELR 113819 (CA)

Court of Appeal 19 Nov 2021 Kenya
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Case Details

Suit Number:CIVIL APPEAL NO. 91 OF 2019
Judges:ROSELYN NAMBUYE, JA HANNAH OKWENGU, JA FATUMA SICHALE, JA
Location:Nairobi

JUDGMENT

  1. On 9th May, 2019, the High Court (Ogola J.) delivered a ruling in which it dismissed a notice of motion dated 11th July, 2018 that had been filed by the appellants against the respondents, and to which the respondents and interested parties had opposed through replying affidavits and written submissions.

  2. The motion which was filed under Articles 3, 22, 23, 159(2), 165 and 258 of the Constitution, sought inter alia, orders as follows:

    (i)that the honorable court does issue temporary injunction order restraining the 1st respondent either acting on their own or through its agents, employees and or, servants from collecting any revenue arising out of violation of the county legislation until the hearing and determination of this petition.

    ii)that conservatory orders be issued directing all revenues accruing from collection arising from violation of the county legislation to be paid to judiciary accounts and applied to the consolidated funds until the hearing and determination of this…

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