INTRODUCTION
1. The Application for determination is Notice of Motion dated 23rd February 2023, in which the Applicant sought to set aside/ vary the orders of the Lower Court in the impugned ruling.
2. I have had the opportunity to peruse the lower court file and observe that the Court having declined to grant stay of proceedings, the matter proceeded to hearing and is pending judgment before the trial Court.
3. In the circumstances a ruling by this Court will be otiose. For that reason, I strike out this Application with no orders to costs. In the event the Applicant is dissatisfied with the decision of the lower court he can file an appeal.
It is so ordered
Dated, Signed and Delivered online via Microsoft Teams at Nairobi this ……3rd …………………… day of ……November 2023.
In the presence of:
Ms. Thuku……………………………. for the Respondent
.Ms Njoroge h/b for Ms Akedi for the .............................. for the Applicant