Ideal Locations Limited v Nakumatt Holdings Limited & Atul Shah (Environment & Land Case 400 of 2017) [2018] KEELC 3264 (KLR) (17 May 2018) (Ruling)
- Court
- Environment & Land Court
- Case number
- 3264
- Citation
- [2018] KEELC 3264 (KLR)
- Decided
- 17 May 2018
The Court granted the orders sought, including a stay of execution pending appeal, reinstatement of the 1st Defendant into the Suit property, and an injunction against eviction.
Facts
The Defendants, Nakumatt Holdings Limited and Atul Shah, sought orders including a stay of execution, reinstatement of the 1st Defendant into the Suit property, and an injunction against eviction. The Plaintiff, Ideal Locations Limited, opposed the application, stating the 1st Defendant is no longer in occupation of the property and that granting the orders would set aside previous decrees.
Issues
- Whether the Defendants have met the prerequisites for grant of the orders sought
- Whether the orders sought can issue given the 1st Defendant's current non-occupation of the Suit Premises
Reasoning
The Court found that the Defendants met the prerequisites for the orders sought and that granting the orders would not set aside previous decrees. The Court also considered the Plaintiff's contention that the 1st Defendant is no longer in occupation of the property.
Outcome
The Court granted the orders sought.
Orders
- Stay of Execution of the ruling delivered herein
- Reinstatement of the 1st Defendant into the Suit property
- Injunction restraining eviction
Remedies
- Preservation of the substratum of the Appeal pending the hearing and determination of the Appeal
- Maintenance of the status quo pending the conclusion of the Appeal
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
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