1. Before me is a notice of motion dated 25th June 2024, vide which the plaintiff/applicant seeks various orders. At this point, it seeks orders Nos. 3 and 5 of the said application. The motion is one of review and is brought under Sections 1A, 1B, 3A and 80 of the Civil Procedure Act and Order 45 Rule 1 of the Civil Procedure Rule, 2010. The plaintiff/applicant alleges that it has found new evidence that wasn’t available when my brother delivered his decision on 18th April 2024.
2. The defendants/respondents have filed grounds of opposition. They have sought more time to file a replying affidavit. In the circumstances, the issue before me now is whether interim orders ought to be issued pending the interpartes hearing of the motion.
3. I have considered the application and the grounds of opposition. As it is admitted that the rooftop restaurant is now in operation, and considering the effect changing the management company may have, I do not think that it would be prudent to issue interim orders at this point. In the circumstances, I direct that the application be heard on merit so that the court may determine whether it is fair and just to review my brother’s ruling.
4. Costs will be in the cause.
5. It is so ordered.
Dated and signed at Mombasa this 1st day of August 2024. Delivered virtually via Microsoft TEAMS.
2. The defendants/respondents have filed grounds of opposition. They have sought more time to file a replying affidavit. In the circumstances, the issue before me now is whether interim orders ought to be issued pending the interpartes hearing of the motion.
3. I have considered the application and the grounds of opposition. As it is admitted that the rooftop restaurant is now in operation, and considering the effect changing the management company may have, I do not think that it would be prudent to issue interim orders at this point. In the circumstances, I direct that the application be heard on merit so that the court may determine whether it is fair and just to review my brother’s ruling.
4. Costs will be in the cause.
5. It is so ordered.
Dated and signed at Mombasa this 1st day of August 2024. Delivered virtually via Microsoft TEAMS.