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TAWAI LIMITED
V.
ELDORET EXPRESS LIMITED & ANOR.

(2021) JELR 113676 (SC)

Supreme Court 17 Mar 2021 Kenya
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Case Details

Suit Number:APPLICATION NO. 23 OF 2020
Judges:PHILOMENA MWILU, Ag. CJ & Ag. PRESIDENT MOHAMMED IBRAHIM, SCJ SMOKIN WANJALA, SCJ NJOKI NDUNGU, SCJ ISAAC LENAOLA, SCJ

RULING

A. Introduction

  1. Before the Court is a Motion dated 19th August 2020 and lodged on 21st August 2020. It is brought under Articles 159, 163 (4) (b) and 163 (5) of the Constitution, Sections 15, 16, 23 and 24 of the Supreme Court Act, 2011, Rule 33 of the Supreme Court Rules, 2020 and all other enabling provisions of Law. It seeks to review the Ruling of the Court of Appeal (Ouko, Karanja & Mohamed, JJ.A) in Civil Application No. 167 of 2019 sitting at Nairobi, delivered on 29th September 2017, denying certification and leave to appeal to this Court against the decision of the Court of Appeal (Makhandia, Kiage & Odek, JJ.A) in Civil Appeal No. 118 of 2017, delivered at Nairobi on the 28th November 2019. It also seeks stay of execution of the Court of Appeal Judgment, pending the hearing and determination of this application and intended appeal. In the impugned decision, the Appellate Court overturned the trial Court’s decision (Ombwayo J) in which it had declared the tr…

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