Dreamers Limited v Bhagisana Limited; Chief Land Registrar & another (Interested Parties) [2024] KEELC 4103 (KLR)

Dreamers Limited v Bhagisana Limited; Chief Land Registrar & another (Interested Parties) (Environment & Land Case 191 of 2019) [2024] KEELC 4103 (KLR) (16 May 2024) (Ruling)

Neutral citation: [2024] KEELC 4103 (KLR)

Republic of Kenya

In the Environment and Land Court at Nairobi

Environment & Land Case 191 of 2019

LN Mbugua, J

May 16, 2024

Between

Dreamers Limited

Plaintiff

and

Bhagisana Limited

Defendant

and

Chief Land Registrar

Interested Party

Nairobi County Government

Interested Party

Ruling

1. I have perused the application dated 19. 4.2024 where the applicant is seeking a stay of the judgment delivered on 20. 3.2024. I have also considered the responses filed there of inform of Ground of opposition and replying affidavit. Both parties desire to file witness statement as way of canvassing the application. I have a different opinion.

2. This is a situation whereby the court has rendered its substantive decision. The merits of the appeal can only be canvassed at the Court of Appeal.

3. Having regard to the judgment, and the fact that judge Wabwoto had given a stay for 30 days, I hereby grant an order of stay of execution of the said judgment for a period of 90 days from today. Costs to the respondent. The file is closed.

DATED, SIGNED AND DELIVERED AT NAIROBI THIS 16TH DAY OF MAY, 2024 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:-Shah for PlaintiffMuchiri for Defendant/ApplicantCourt assistant: Eddel