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WAINAINA & ANOR.
V.
KINYANJUI & ORS.

(2021) JELR 113683 (SC)

Supreme Court 5 Mar 2021 Kenya
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Case Details

Suit Number:CIVIL APPLICATION NO. 30 OF 2020
Judges:PHILOMENA MWILU, Ag. CJ & Ag. PRESIDENT MOHAMMED IBRAHIM, SCJ SMOKIN WANJALA, SCJ NJOKI NDUNGU, SCJ ISAAC LENAOLA, SCJ

RULING

  1. Upon perusing the Notice of Motion by the Applicants dated 29th October 2020 and filed on 30th October 2020, which application is brought pursuant to the provisions of Rules 3(5) and 28(5) of the Supreme Court Rules, 2020 and in which the Applicants seek stay and review of the Ruling and orders of this Court dated 4th September 2020; and

  2. Upon perusing the affidavit of PAUL AMUGA, advocate and counsel for the Applicants deposed to on 29th October 2020 in support of the Applicants’ application of even date AND wherein the deponent contends that this Court in rendering its decision allowing the 1st Respondent’s Preliminary Objection dated 30th May 2019, failed to consider their filed submissions on record and that they were therefore unjustifiably denied a fair hearing, warranting a review and setting aside of the said impugned Ruling; and

  3. Upon further considering the written submissions by the Applicants dated 2nd November 2020 and filed on 4th November 2020 in support of their appl…

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