1. I have considered the Motion dated 16th June 2023 together with the affidavit in support sworn on even date, the grounds of opposition dated 6th November 2023, the submissions of the parties and the applicable law.
2. The application seeks to stay proceedings in CMCC 239 of 2018 pending the hearing and determination of the present suit on the grounds that the applicant has filed an insolvency petition to liquidate the company.
3. The application has however been grounded pursuant to order 40 of the Civil Procedure Rules. The said rules do not apply to a stay of proceedings arising out of insolvency. The application has been grounded on the rules relating to a grant of an injunction, rather than the law applicable to insolvency proceedings.
4. The two are not the same, and neither are they interchangeable. The test or burden to be satisfied for the grant of an injunction is entirely different from relevant criteria to be established for grant a stay of proceedings when a liquidation application has been made. I am satisfied that the court may not proceed to consider the relief sought under the provisions of Order 40, as prayed for and sought by the applicant.
5. Accordingly, I find that the application before me is incompetent. The same is struck out with costs.