judy.legal
Login Register

Shree Haree Builders Limited v. Bazara Alex Tabulo & Walter Odundo

(2017) JELR 94457 (CA)

Court of Appeal  •  Civil Application Nai 135 of 2016 (Ur 106/2016)  •  6 Oct 2017  •  Kenya

Coram
Wanjiru Karanja, George Benedict Maina Kariuki, Jamila Mohammed

Judgement

RULING OF THE COURT

Background

[1] The applicant, SHREE HAREE BUILDERS LIMITED (hereinafter referred to as 'the applicant') filed a Notice of Motion dated 30th May, 2016 expressed to be brought under Rules 5(2)(b) of this Court's Rules by which it sought the following orders:

“1. That pending the lodging, hearing and determination of the applicant's intended appeal, the Arbitral proceedings and/ or any further proceedings before Mr. Walter Odundo, the 2 nd Respondent herein, be stayed,

2. That the costs of this application be awarded to the Applicant in any event.”

[2] The subject matter of the proceedings before the learned Judge was that the applicant and the 1st respondent entered into a written contract dated 20th May, 2010 wherein, the 1st respondent engaged the services of the applicant to carry out the construction works of residential apartments at Kizingo-Mombasa on L.R. No. Mombasa/Block XXVI/1102 for a contract sum of Kshs. 257,973,000. A dispute arose between the parties which …

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login