Vishva Builders Limited v Tesla Cancer Hospital Limited (Arbitration Cause E035 of 2025) [2026] KEHC 7241 (KLR) (Commercial and Tax) (26 May 2026) (Ruling) Neutral citation: [2026] KEHC 7241 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI COMMERCIAL COURTS) COMMERCIAL AND TAX ARBITRATION CAUSE E035 OF 2025 BK NJOROGE, J MAY 26, 2026 IN THE MATTER OF AN ARBITRATION BETWEEN VISHVA BUILDERS LIMITED ............................................................... APPLICANT AND TESLA CANCER HOSPITAL LIMITED .......................................... RESPONDENT RULING 1. This matter came up on 19.02.2025 before this Court for mention. 2. Mr. Dida holding brief for Mr. Mutiso informed the Court that the application pending was the Originating Summons dated 2.5.2025. That it was unopposed. 3. The Court issued directions that Mr. Muthoga Counsel for the Respondent files a Replying Affidavit and submissions within three (3) days. 4. The Court has taken note of the Replying Affidavit sworn by Dr. Gladwell Kiarie on 23rd April 2026. It speaks of an application by the Applicant seeking to execute against a parcel of Land LR. No. 15294. 5. While perusing the application dated 2.5.2026, this Court noted that is has already heard the Originating Summons. 6. It delivered a ruling in this matter on 22.7.2025 and closed this file. 7. What is pending is an application by way of a Notice of Motion dated 13.9.2025. It is by the Applicant. The Replying Affidavit has already responded to the issues raised in that application. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7241/eng@2026-05-26 1
page 1 of 2
8. The Court hesitates to make a determination on the application dated 13.9.2025. It maybe that Counsel misapprehended, as to which application was coming up for hearing and determination. 9. As per the records of the Court, the Applicant indicated that it is the Originating Summons which is dated 2.5.2025. The Court refers the parties to the Ruling delivered on 22.7.2025 in respect to that application. Determination 10. The application by way of an Originating Summons dated 2.5.2025 is marked as spent as it is the subject of an existing Ruling dated 22.7.2025. 11. Let the parties avail themselves for purposes of obtaining directions as to the application by way of a Notice of Motion dated 13.9.2025 which is still pending. 12. It is so ordered. DATED, SIGNED AND DELIVERED AT MILIMANI THIS 26TH DAY OF MAY, 2026. NJOROGE BENJAMIN K. JUDGE In the presence of: Mr. Mutiso for the Applicant. Miss Moige for the Respondent. Ms. Susan Nzioka - Court Assistant. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7241/eng@2026-05-26 2
page 2 of 2