PATI LIMITED V. FUNZI ISLAND DEVELOPMENT LIMITED, J. B. HAVELOCK, M E. HAVELOCK, COUNTY COUNCIL OF KWALE & COMMISSIONER OF LANDS; KASSIM BAKARI MWAMZANDI (PROPOSED INTERESTED PARTY); LAW SOCIETY OF KENYA (PROPOSED AMICUS CURIAE)

RULING

[1] THE SUBSTANTIVE application before the Court is an Originating Motion dated 2^nd April 2015 seeking orders for stay of execution of the Judgement of the Court of Appeal delivered on 27^th February 2014 in Funzi Island Development Ltd and 2 Others v. Pati Ltd and 2 Others, Mombasa C.A No. 252 of 2005; and the review of the decision of the Court of Appeal dated 20^th March 2015 in Pati Ltd v. Funzi Island Development Ltd and 4 Others, Malindi Civil Application No. 10 of 2014 that declined to grant leave to the Applicant to file its appeal before this Supreme Court.

[2] THE SUBJECT of this Ruling are two Notices of Motion Applications seeking orders of joinder as Interested Party and Amicus Curiae filed by one Kassim Bakari Mwamzandi and Law Society of Kenya respectively.

[3] THE APPLICATIONS are premised on the following factual and litigation background:

(a) By way of Judicial Review Miscellaneous Application No. 272 of 1994, the 1^st, 2^nd and 3^rd Respondents moved the High Court se…