SHABA TRUSTEES LIMITED
V.
ROSE NJOKI KING'AU & 2 ORS

RULING OF THE COURT

The applicant, SHABA TRUSTEES LIMITED, filed a Notice of Motion in this Court dated 18^th July, 2011 seeking the following orders:

“1. THAT the notice of appeal dated 30^th April, 2010 and filed on 30^th April, 2010 filed by the firm of Njenga Mbugua and Nyanjua Advocates on behalf of the 1 ^st and 2^nd Respondents be struck out.

2. THAT the order of the Honourable Court made on 22^nd October, 2010 in Civil Application Number NAI 111 of 2010 (UR 82 OF 2010) staying the execution of orders made on 29 ^th April, 2011 in High Court Civil Suit Number 986 of 2006 – Rose Njoki King’au and Micugu Wagathara v. Shaba Trustees and City Council of Nairobi striking out the plaintiff’s suit and entering judgment in favour of the 1^st defendant be set aside and or discharged.

THAT the Honourable Court be at liberty to issue further orders and/or directions as the honourable Court may deem fit and just to owing to the circumstances of this case.

THAT the costs of and incidental to the Applic…