PERMANENT SECRETARY MINISTRY OF ROADS & ATTORNEY GENERAL V. FLEUR INVESTMENTS LIMITED

RULING OF THE COURT

The application dated 20th May, 2014 by the two applicants, seeks the following orders:

“1. .......................

2. .....................

3. That there be a stay of proceedings in NAIROBI CIVIL SUIT ELC NO. 596 OF 2009 FLEUR INVESTMENTS LIMITED VERSUS THE PERMANENT SECRETARY ROADS AND THE ATTORNEY GENERAL pending the hearing and determination of the applicant’s appeal against the decision of the Hon. Justice L.N. Gacheru delivered on 23rd August,2013.

4. That the costs of and incidental to this application be provided for.”

The application was supported by an affidavit sworn by Engineer John Kipngetich Mosonik, the Principal Secretary, Ministry of Roads and Infrastructure. The contents of the affidavit may be summarized as follows:

On 29th October, 2009 the respondent herein filed a suit, ELC No. 596 of 2009, against the applicants seeking special damages in the sum of Kshs.2,557,744,900/= for demolition of structures that had been erected on parcels of land known as L…