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JudgmentMICHAEL KIBUI & 2 OTHERS VS IMPRESSA CONSTRUZIONI MALTAURO & 2 OTHERS1 min read

MICHAEL KIBUI & 2 OTHERS VS IMPRESSA CONSTRUZIONI MALTAURO & 2 OTHERS

Environment and Land Court at Eldoret Environment and Land Court · · E. M. WASHE, J

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RULING

  1. This matter has a Judgement that was pronounced on 22.02.2019.
  2. The Respondent being aggrieved by the Judgement filed an Appeal before the Court of Appeal and an Application for stay of execution.
  3. The Court of Appeal granted the stay of execution on the 02.02.2022 on a number of conditions.
  4. According to the Counsel submissions, two installments were made in accordance to the Orders of the Court.
  5. However, the last installment was paid after the determined time.
  6. The issue now is whether the stay is still valid or the Petitioners can execute.
  7. According to the Court, the Application for stay of execution was filed in the Court of Appeal.
  8. Any directions, orders or review can only be done by the Court of Appeal.
  9. Currently, this Court is functus officio in the matter having delivered its Judgement on 22.02.2019.
  10. As such, the Court directs the parties to get the relevant directions on the stay of execution from the Court of Appeal.


IN THE PRESENCE OF;

Court Assistant: Brian

Plaintiff: Ms. Kosgei H/B Mr.Mwangi for the Petitioner

Defendant: Ms. Kagia H/B Mr.Sala for the 1st Respondent

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    MICHAEL KIBUI & 2 OTHERS VS IMPRESSA CONSTRUZIONI MALTAURO & 2 OTHERS MICHAEL KIBUI & 2 OTHERS VS IMPRESSA CONSTRUZIONI MALTAURO & 2 OTHERS