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JudgmentSUSAN NJERI KIMOTHO T/A TOMSUSY HOUSES VS MERU TIMBERS & HARDWARE COMPANY LIMITED1 min read

SUSAN NJERI KIMOTHO T/A TOMSUSY HOUSES VS MERU TIMBERS & HARDWARE COMPANY LIMITED

High Court at Milimani High Court · · Githiru Freda Mugambi

1. Upon considering the application dated 15th August, 2024 together with the response thereto and the submissions made by counsel, I am satisfied that the applicant has made a case for granting of the orders sought. Accordingly, the application is allowed as prayed in the following terms:

2. There shall be a stay of execution staying the ruling and the execution of the orders of the Chairman of the Honourable Business Premises Tribunal at Nairobi issued on the 13th August, 2024 pending the hearing and determination of the present appeal, on condition that the entire decretal amount of KShs.210,000/- is deposited in a joint interest earning account in the name of both counsels within 45 days from the date of this ruling. In default of this, the stay orders shall automatically lapse and the respondent shall be at liberty to execute.

3. Noting that the record of appeal has already been filed, both parties shall file their respective written submissions limited to 10 pages within 15 days each beginning with the appellant.

4. Mention to confirm compliance and for further directions on 18th September, 2025.

DATED, SIGNED AND DELIVERED IN NAIROBI
THIS 17TH DAY OF JUNE 2025.

F. MUGAMBI
JUDGE