PRISCA WANJIKU KABERENGE V. NANAK HOSPITAL SERVICES

RULING OF THE COURT

The Motion dated 17^th March, 2015 is brought under Rule 5(2) (b) of this Court’s Rules and seeks in the main that we order a stay of execution of the decree resulting from a Judgment of the Environment and Land Court in Case No. 546 of 2013 pending hearing and determination of the application inter partes and thereafter a stay to issue pending the hearing of the intended appeal. In the grounds in support of the Motion the applicant says that it is untenable in law to consider an entity called Nanak Hospital Management Services Limited as being the same as the respondent, Nanak Hospital Management Services. It is also stated that the applicant has been litigating with a stranger but the High Court has issued a decree in favour of the said stranger. Also that the intended appeal is not frivolous and raises what are called in the Motion prima facie issues like whether the respondent and the said limited liability company can be said to be the same entity and whether th…