REPUBLIC V KENYA PORTS AUTHORITY & 2 OTHERS EX-PARTE ROSMIK TRADING CO. LIMITED & 22 OTHERS [2012] KEHC 1157 (KLR)
- Court
- High Court of Kenya
- Case number
- 1157
- Citation
- [2012] KEHC 1157 (KLR)
- Decided
- 17 October 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplication for stay of requirements of FERI Certificate and/or Certificate of Destination dismissedCoramF. TUIYOTT
Holding
The application for stay is dismissed with costs
Facts
The Applicants filed an application for stay in the Court of Appeal, claiming irreparable loss and that the Appeal will be rendered nugatory if stay is not granted.
Issues
- Jurisdiction to grant stay after final decision
- Irreparable harm to Applicants
Reasoning
The Court is not inclined to grant the stay as the Applicants cannot demonstrate substantial or irreparable harm. The requirement for Certificates of FERI and COD is unlawful but the sums paid for the Certificates are recoverable if the Court of Appeal agrees with the Applicants.
Outcome
Application dismissed
Orders
- Temporary Orders subsisting until now are hereby discharged
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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