https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4153

Takata Ltd v Solio Ranch Ltd & another (Environment and Land Case 18 of 2021) [2026] KEELC 4153 (KLR) (1 July 2026) (Ruling) Neutral citation: [2026] KEELC 4153 (KLR) Republic of Kenya In the Environment and Land Court at Nanyuki Environment and Land Case 18 of 2021 LN Mbugua, J July 1, 2026 Between Takata Limited Plaintiff and Solio Ranch Limited 1st Defendant Kaplan & Straton Advocates 2nd Defendant Ruling 1.Judgement in this matter was delivered on 24.9.2025 in favour of the plaintiff as against the defendants for the sum of Ksh 29 000 000 as damages for breach of contract plus costs and interests. The defendants have now filed an application dated 15.5.2026 seeking the following orders;1.Spent 2.That pending the inter partes hearing and determination of this application, there be a temporary stay of execution of the judgment of 24th September 2025 and the resultant decree in this matter 3.Pending the hearing and determination of the defendant’s notice of motion dated 11th May 2026 filed before the Court of Appeal at Nyeri under Rule 5(2) of the Court of Appeal Rules, there be a temporary stay of execution of the judgment of 24th September 2025 and the resultant decree, in this matter. 4.In the alternative and for the avoidance of doubt the order staying execution of the decree confirmed by the court order of 11th February 2026 be reinstated and to remain in force until further orders of the court or the hearing of the Court of Appeal of Civil Application Number E041 of 2026 Solio Ranch Limited & Another V Takata Limited. 5.The costs of this application be in the cause.” 2.The applicants contend that they have now invoked the jurisdiction of the Court of Appeal, hence the current application. 3.The application is opposed by the plaintiffs vide a Replying Affidavit Sworn by one Michael Kamau on 21.5.2026. He avers that the current application is res-judicata to their previous application of 25.11.2025 and that the court eventually gave final orders of stay of execution, thus the current application is an abuse of the court processes. 4.I have considered the rival arguments. I make reference to the last paragraph in the ruling delivered by this court on 11.2.2026 which reads as follows;“It is not the place of this court to consider whether the applicant has an arguable appeal or not. It would suffice to give the applicant a window to ventilate their issues at the higher court. In that regard, the Court grants a further and final order of STAY OF EXECUTION of the judgment lasing three months from the date of delivery of this ruling. The applicants shall meet the cost of the application.” 5.In light of the above order, this court is functus officio on matters stay of execution.Functus officio is an enduring principle of law that prevents the re-opening of a matter before a court that rendered the final decision thereon, See- Brian Muchiri Waihenya v Jubilee Hauliers Ltd & another; Geminia Insurance Co. Ltd (Interested Party) [2018] eKLR. In the circumstances, the application dated 15.5.2026 is found to be unmerited, the same is dismissed with costs to the plaintiff. DATED, SIGNED AND DELIVERED AT NANYUKI THIS 1ST DAY OF JULY 2026 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:Nancy Mwangi – C/AMrs. Kariuki for plaintiffOchieng for defendant