WESTLANDS TRIANGLE PROPERTIES LIMITED V. WESTLANDS SUNDRIES LIMITED & 2 OTHERS

RULING OF THE COURT

Before us is an application expressed to have been brought under Rule 1 (2), 5 (2) (b), Rule 47 (1) and (2) and Rule 55 (3) of the Court of Appeal Rules in which the applicant WESTLANDS TRIANGLE PROPERTIES LIMITED seeks the orders that:-

“2. The Applicant’s Application under Rule 5 (2) (b) dated 10^th March, 2009 and presented to court on 11^th March, 2009 and dismissed under Rule 55 (1) of the Court of Appeal Rules on the 12^th October, 2009 is restored to hearing for hearing and determination inter partes pending the hearing and determination of the application dated 10^th March, 2009 the parties shall observe the status quo obtaining on the 12^th October, 2009.

The costs of this application be in the appeal.”

This application which is supported by the affidavit of Stephen Musalia Mwenesi, the Advocate of the applicant, is brought on the following grounds:-

“a. The Applicant was the Plaintiff in the superior court Environmental and Land Law Division Civil Case No. 112 of 2…