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Original judgment

Awali Tumaini Investment Limited & 1 other v Engen Kenya Limited & 1 other

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI COMMERCIAL & ADMDIRALTY DIVISION HCCC NO. 313 OF 2018 AWALI TUMAINI INVESTMENT LIMITED.......................PLAINTIFF VERSUS ENGEN KENYA LIMITED......................DEFENDANT/RESPONDENT CO-OPERATIVE BANK OF KENYA LIMITED..............DEFENDANT RULING 1. The Supervisory Jurisdiction over the Business Premises Tribunal is exercised by The Environment and Land Court. It is clear to me that this Court is bereft of Jurisdiction and Power (that flows from Jurisdiction) to set aside the Order of The Business Premises Tribunal in Case Number 678 of 2018. Perhaps this Court would have had a say if that Order was in contempt or contravention of an Order issued by this Court. That is not the case here. 2. The Notice of Motion of 3rd September 2018 is struck out with costs. Dated, delivered and signed in open Court at Nairobi this 2nd day of November, 2018. F. TUIYOTT JUDGE Present:Kihara for Plaintiff/Respondent Maondo for Applicant Nixon - Court Assistant

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