PATI LIMITED V. FUNZI ISLAND DEVELOPMENT LIMITED, J. B. HAVELOCK, M E. HAVELOCK, COUNTY COUNCIL OF KWALE & COMMISSIONER OF LANDS

RULING

A. INTRODUCTION

[1] This is an application by way of an Originating Motion dated 2^nd April 2015 that seeks an order for stay of execution of the Judgement of the Court of Appeal delivered on 27^th February 2014 in Mombasa C.A No. 252 of 2005 – Funzi Island Development Ltd and 2 Others v. Pati Ltd and 2 Others and the review of the Ruling of the Court of Appeal dated 20^th March 2015 in Malindi Civil Application No. 10 of 2014 Pati Ltd v. Funzi Island Development Ltd and 4 Others. The Motion was filed pursuant to Article 163(5) of the Constitution, Sections 15, 16 and 24 of the Supreme Court Act and Rules 24 and 26 of the Supreme Court Rules 2012.

[2] In principle, the Applicant is seeking a review of the Court of Appeal Ruling (Okwengu, Makhandia and Sichale) dated 20^th March, 2015 which declined to certify its intended appeal to this Supreme Court as one involving a matter of general public importance. The application has also sought stay of execution of the Judgement of the Court …