LICINUS INVESTMENTS LIMITED V. MAURIZIO DALPIAZ

RULING OF THE COURT

[1] This is an application for stay of execution against the judgment and decree of the Environment and Land Court (Olola, J.), delivered on 30th January 2020. The litigation resulting in the judgment was originated by a plaint filed in the High Court by Licinus Investments Limited (the applicant), and later transferred to Malindi Environment and Land Court.

[2] In the judgment subject of the intended appeal, the learned Judge of the superior court granted orders in favour of the defendant, Maurizio Dalpiaz (the respondent herein), and against the applicant as follows:;

a) An order of specific performance to issue compelling the plaintiff to comply with the agreements dated 24^th November and 28^th September 2006 and to execute all necessary steps to complete the transaction within 90 days from the date hereof.

b) In default of compliance, the deputy Registrar of this court to execute all necessary documents to ensure the transfer of the property to the Defendant’s name.

…