Case Metadata |
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| Case Number: | Miscellaneous Application 335 of 2000 |
|---|---|
| Parties: | Republic v Commissioner of Customs & Excise, Minister of Finance & Inspection Control Services (ICS) Ex Parte: Chairman,Secretary and Treasurer of the Association of Clearing,Forwarding and Freight Forwarders of Kenya (ACWFFK) |
| Date Delivered: | 21 Dec 2000 |
| Case Class: | Civil |
| Court: | High Court at Mombasa |
| Case Action: | Ruling |
| Judge(s): | Andrew Isaac Hayanga |
| Citation: | Republic v Commissioner of Customs & Excise, Minister of Finance & another Ex Parte: Chairman,Secretary and Treasurer of the Association of Clearing,Forwarding and Freight Forwarders of Kenya (ACWFFK)[2000] eKLR |
| Advocates: | Mr. Omondi for applicant. |
| Court Division: | Civil |
| Advocates: | Mr. Omondi for applicant. |
| History Advocates: | One party or some parties represented |
| Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MOMBASA
MISC. APPLICATION NO. 335 OF 2000
REPUBLIC ………………………..................……PROSECUTOR
VERSUS
1) THE COMMISSIONER OF CUSTOMS & EXCISE
2) THE MINISTER OF FINANCE
3) INSPECTION CONTROL SERVICES (ICS)…….RESPONDENTS
EX-PARTE: THE CHAIRMAN, SECRETARY AND TREASURER
OF THE ASSOCIATION OF CLEARING, WAREHOUSING AND
FREIGHT FORWARDERS OF KENYA(ACWFFK)
R U L I N G:
After the application here for leave under O 53 r 3 to file Notice of Motion for Prohibition and Mandamus was granted, applicant now wants that leave to prohibit Inspection Control Services ICS from stamping any of that Import Declaration Documents and to be ordered to vacate their office. The order of Stay in this context means that ICS should not stamp any of the import declaration documents.
Before this order is made, I think the court is entitled to know whether any difficult problems may arise by so making it, whether collection of revenue may be affected, whether it will require supervision by court as to its compliance or whether administrative chaos may result. These are areas of Judicial consideration not only in giving substantive remedy but also during leave and granting stay. The application will be refused but can be served on Respondent for inter partes argument before this court.
Dated at Mombasa this 21st day of December, 2000.
A.I. HAYANGA
J U D G E
Read in Chamber to Mr. Omondi for applicant.
A.I. HAYANGA
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