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PIONEER INTERNATIONAL SCHOOLS LIMITED & ANOTHER
V.
DELMONTE KENYA LIMITED & 4 OTHERS

(2018) JELR 93151 (CA)

Court of Appeal 23 Mar 2018 Kenya
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Case Details

Suit Number:Civil Application 12 & 13 of 2018 (Consolidated)
Judges:Agnes Kalekye Murgor Kathurima M'inoti Stephen Gatembu Kairu
Location:Nairobi
Other Citations:Pioneer International Schools Limited & another v. Delmonte Kenya Limited & 4 others [2018] eKLR

RULING OF THE COURT

1. By its ruling delivered on 8th December 2017 in ELC 1245 of 2015, the Environment and Land Court (the ELC) found Pioneer International Schools Ltd and its Director and/or trustee Peter Kahara Munga guilty of contempt of court of an order made by that court on 17th December 2015. They were both granted 120 days within which to purge their contempt and a date was fixed for an appearance before the court on 10th April 2018 for purposes of sentencing.

2. Intending to appeal that decision, Pioneer International Schools Ltd and Peter Kahara Munga have by their respective applications, being Civil Application No. 12 of 2018 and Civil Application No. 13 of 2018 applied before this Court for orders of stay of execution and stay of proceedings pending the hearing and determination of the intended appeals.

3. As both applications arise from the same ruling of the ELC, an order for consolidation of the two applications was granted by consent at the commencement of the hearing …

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