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Original judgment

Guyo v Maisha Bora Limited & 4 others

Guyo v Maisha Bora Limited & 4 others (Environment and Land Case 149 of 2018) [2025] KEELC 18715 (KLR) (26 May 2025) (Directions) Neutral citation: [2025] KEELC 18715 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT MALINDI ENVIRONMENT AND LAND CASE 149 OF 2018 EK MAKORI, J MAY 26, 2025 BETWEEN HAJILA BAJILA GUYO ............................................................................. PLAINTIFF AND MAISHA BORA LIMITED .............................................................. 1ST DEFENDANT WESTERN SUNSHINE COMPANY LIMITED ........................... 2ND DEFENDANT THE LAND REGISTRAR, KILIFI ................................................ 3RD DEFENDANT THE HON. ATTORNEY GENERAL ............................................. 4TH DEFENDANT MICHAEL K. KATANA .................................................................. 5TH DEFENDANT DIRECTIONS 1. The matter was set for hearing today, two days actually. 2. An application was led seeking stay of the proceedings pending an intended appeal from the interlocutory proceedings on record. 3. The application, albeit minuted for today, was led quite late in the day well after the hearing dates had been issued by the court. 4. The mere ling of the application does not operate as a stay and the said application was brought late in the day to defeat the hearing placed for today and tomorrow. 5. Consequently, whereas I will agree that the application takes precedence, the 1st Respondent should pay the Plainti’s costs for today before the next action, since the same was minuted way back on 26/2/2025. 6. Orders accordingly. https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/18715/eng@2025-05-26 1

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DATED, SIGNED, AND DELIVERED VIRTUALLY IN MALINDI ON THIS 26TH DAY OF MAY, 2025. E. K. MAKORI JUDGE In the presence of: Mr. Sausi for the Plainti Ms. Aoko for the 1st Defendant Ms. Otieno for the 5th Defendant Mr. Munga for the 3rd and 4th Defendants. Mr. Murunga & Mugambi for Interested Parties Happy: Court Assistant. https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/18715/eng@2025-05-26 2

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