The Plaintiff in its application dated 22.02.2023 seeks an order of stay of execution of a decree issued in Milimani CMCC No. 3014 of 2019, Damaris Muthoki Onduso v City Star Shuttle Limited on account of failure of its insurer, the 1st Defendant, to indemnify it against the claim. I am constrained to dismiss the application on two grounds. First, the decree holder who is directly affected by the proposed order of stay is not a party to this suit hence the court cannot condemn her unheard. Second, the said decree holder in that suit is not privy to the relationship between the judgment-creditor, who is the Plaintiff herein, and its insurer. The Plaintiff cannot implead it relationship with its insurer to avoid a lawful decree issued in a separate suit.
The application is accordingly dismissed but with no order as to costs.
DATED and DELIVERED at NAIROBI this 2nd day of MARCH 2023
D. S. MAJANJA
JUDGE