Miwani Sugar Company (1989) Limited In Receivership v Crossley Holdings Ltd & 6 others (Civil Application E207 of 2021) [2022] KECA 465 (KLR) (18 March 2022) (Ruling)
Neutral citation:
[2022] KECA 465 (KLR)
Republic of Kenya
Civil Application E207 of 2021
DK Musinga, S ole Kantai & A Mbogholi-Msagha, JJA
March 18, 2022
Between
Miwani Sugar Company (1989) Limited In Receivership
Applicant
and
Crossley Holdings Ltd
1st Respondent
Cabinet Secretary, Ministry of Agriculture, Livestock & Fisheries
2nd Respondent
Agriculture & Food Authority
3rd Respondent
County Government of Kisumu
4th Respondent
Attorney General
5th Respondent
Richard Ochieng Ogendo
6th Respondent
Julius Okello Kungu
7th Respondent
(An application for striking out/dismissal of the Notice of Appeal and the entire record of appeal filed pursuant to the provisions of Sections 3, 5, (2)(d) of the Appellate Jurisdiction Act, Cap 9 Laws of Kenya and Rules 75 and 84 of the Court of Appeal Rules, 2010 arising from the Judgment and Decree of the Environment and Land Court at Kisumu (A.O. Ombwayo, J.) dated 30th September 2021in E.L.C. Constitutional Petition No. 6 of 2020)
Ruling
1.We have considered the oral submissions by counsel regarding the appellant/applicant’s application dated 7th December 2021 seeking to amend the notice of appeal dated 7th October 2021.
2.We have also carefully looked at the provisions of rule 53 of this Court’s Rules. We are satisfied that the applicant’s application dated 7th December 2021 ought to be heard before a single Judge. Consequently, we hereby direct that the said application be placed before a single Judge within the next seven (7) days from the date hereof.
3.Any party who wishes to oppose the said application may file and serve a replying affidavit and submissions thereto within the next three (3) days from the date hereof. Today’s costs shall be in the appeal.
DATED AND DELIVERED AT NAIROBI THIS 18TH DAY OF MARCH, 2022.D. K. MUSINGA, (P)....................................JUDGE OF APPEALS. ole KANTAI....................................JUDGE OF APPEALA. MBOGHOLI MSAGHA....................................JUDGE OF APPEALI certify that this is a true copy of the originalSignedDEPUTY REGISTRAR