Home Afrika Limited v Studio Infinity Architects & another (Civil Appeal E727 of 2023) [2026] KEHC 751 (KLR) (Civ) (30 January 2026) (Ruling) Neutral citation: [2026] KEHC 751 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) CIVIL CIVIL APPEAL E727 OF 2023 JN MULWA, J JANUARY 30, 2026 BETWEEN HOME AFRIKA LIMITED ..................................................................... APPELLANT AND STUDIO INFINITY ARCHITECTS ............................................ 1ST RESPONDENT MITINI SCAPES DEVELOPMENT LIMITED .......................... 2ND RESPONDENT RULING 1. For determination is the 2nd Respondents application dated 15/01/2025. The Applicant Mitini Scapes Development Limited seeks orders of stay of proceedings of its suit-pending outcome of an administration process involving itself, and upon such orders being on granted, the court to issue directions on any other steps in respect of the automatic moratorium provided under Section 560 (1) of the Insolvency Act, 2015. 2. The Respondents do not oppose the application. 3. The motion is premised on Section 2 and 560 (1) of the Insolvency Act and Supporting afidavit of Mbugua Gocaga a Director of the Applicant sworn on 21/01/2025. 4. It is posited that the 2nd Defendant was declared Insolvent and placed under Administration with effect from 13/05/2024 and two joint administrators, namely Kamal Amatory Bhatt and Dir Karua Bhatt, appointed and vested with the control and Management of the affairs, property and its business. 5. In respect thereof and pursuant to Section 560 (1) of the Insolvency Act, an automatic Moratorium was imposed upon the Applicant prohibiting commencement or continuation of legal proceedings against it, or its property without consent of the joint administrators and or leave of court. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/751/eng@2026-01-30 1
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6. For the foregoing, the applicant’s application dated 15/01/2025 for the reliefs sought is appropriate, and is therefore granted. 7. All legal proceedings that may be pending are hereby stayed until such time as the court in the insolvency proceedings or otherwise advises. No order of costs is issued. Orders accordingly. DELIVERED DATED AND SIGNED AT NAIROBI THIS 30TH DAY OF JANUARY, 2026. JANET MULWA. JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/751/eng@2026-01-30 2
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