PBM NOMINEES LIMITED V. PENINA KATHONI NTONG'ONDU, MANILAL PREMANAND CHANDARIA, ANDREW MUHANDO OVAMBA, JOHN OUYA, JAQUELINE E. G. MWITI, PATRICK LAROCHELLE, WINNIE WAMBUI NG'ANG'A, JOHN KIGITHO GATHITU, ANNE NYAMBURA NJOROGE, NICHOLAS MAKAA, BENSON M. NDAMBO, CHRISTOPHER WAUDO, FRANSICA NYAKERARIO MONG'ARE, PATRICK NGURE KIGATHI & LASER EYE CENTRE LIMITED

RULING OF THE COURT

On 10th December 2020 we considered the motion on notice dated 1st September 2020 presented to the Court by the applicant, PBN Nominees, for stay of proceedings and stay of execution of the orders of the High Court of Kenya at Nairobi, dated 27th August 2020. We issued an interim stay of proceedings and execution of the said High Court orders and reserved the ruling to 29th January 2021, which we now render.

By way of background, on 15th February 2007, the applicant and the 15th respondent, Laser Eye Centre Ltd, entered into a sub-lease by which the applicant let to the 15th respondent the premises known as LR No. 1870/IX/159, Unit No. TF9, Third Floor, Sarit Centre, Nairobi (the suit property) for a term of 5 years and 6 months, terminating on 31st July 2020. The 15th respondent started running on the suit property a specialised ambulatory eye surgery facility that offered ophthalmological medical services and major and minor eye surgical procedures.

On 8th July 2019…