https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7241
The court found that the Originating Summons dated 2.5.2025 had already been heard and determined by a ruling delivered on 22.7.2025, so it was spent. The only matter still pending was the Notice of Motion dated 13.9.2025, and the parties were directed to take further directions on that application.
Source-derived case information.
- Citation
- [2026] KEHC 7241 (KLR)
- Parties
- Applicant: Vishva Builders Limited; Respondent: Tesla Cancer Hospital Limited
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Arbitration Cause E035 of 2025
- Procedural Posture
- Arbitration Cause / Ruling on Pending Application / Case Management Mention
- Outcome
- Originating Summons dated 2.5.2025 marked as spent; parties directed to obtain directions on the pending Notice of Motion dated 13.9.2025.
- Judges
- ["BK Njoroge"]
- Legal Topics
- Spent Application, Pending Notice of Motion, Directions, Mention Hearing, Execution Against Land
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Vishva Builders Limited
Applicant
Tesla Cancer Hospital Limited
Respondent
Procedural Posture
Arbitration Cause / Ruling on Pending Application / Case Management Mention
Legal Issues
- 1 Which application was pending before the court for hearing and determination
- 2 Whether the Originating Summons dated 2.5.2025 was still live despite a prior ruling
- 3 How to proceed with the Notice of Motion dated 13.9.2025
Ratio Decidendi
The court found that the Originating Summons dated 2.5.2025 had already been heard and determined by a ruling delivered on 22.7.2025, so it was spent. The only matter still pending was the Notice of Motion dated 13.9.2025, and the parties were directed to take further directions on that application.
Court Disposition
Originating Summons dated 2.5.2025 marked as spent; parties directed to obtain directions on the pending Notice of Motion dated 13.9.2025.
Orders
- The application by way of an Originating Summons dated 2.5.2025 is marked as spent.
- The parties shall avail themselves for directions regarding the Notice of Motion dated 13.9.2025.
Full Case Text
Judgment text and source record
1 paragraphs
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. 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.JUDGEIn the presence of:Mr. Mutiso for the Applicant.Miss Moige for the Respondent.Ms. Susan Nzioka - Court Assistant.