Team Construction Limited v The Village @ Daystar Limited

Team Construction Limited v Village @ Daystar Limited (Miscellaneous Case E1167 of 2025) [2026] KEHC 7089 (KLR) (Civ) (30 April 2026) (Ruling) Neutral citation: [2026] KEHC 7089 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI COMMERCIAL COURTS) CIVIL MISCELLANEOUS CASE E1167 OF 2025 F GIKONYO, J APRIL 30, 2026 BETWEEN TEAM CONSTRUCTION LIMITED ..................................................... CLAIMANT AND THE VILLAGE @ DAYSTAR LIMITED ............................................ RESPONDENT RULING 1. The claimant filed the notice of motion dated 20.11.2025 seeking adoption of an interim order issued by the arbitrator on 6.11.2025 as an order of the court. 2. The subject interim order was to the effect that the status quo obtaining at the construction site be maintained until the conclusion of the arbitral proceedings upon the claimant’s advocates filing a formal application under certificate of urgency. 3. On 17.12.2025, the ruling was scheduled for delivery on 30.4.2026. 4. However, while preparing the ruling, the court noted that the respondent filed a notice of motion dated 27.2.2026 seeking to arrest the delivery of the ruling of 30.4.2026 citing lack of proper service as service was effected through a wrong email address. 5. Through a letter dated 10.3.2026, the claimant’s advocates indicated that they had no opposition to the respondent’s application and suggested that the matter be marked as spent or overtaken by events. 6. They also suggested that the respondent files its replying affidavit to their notice of motion dated 20.11.2026. 7. There is need for a clarification on this contradiction. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7089/eng@2026-04-30 1

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