RULING
1. Based on the submissions of the Counsel for the Appellant, it is true that there is a pending Appeal against the ruling pronounced on the 25.09.2025.
2. In the said Ruling, the trial Court did deny the Appellant herein an opportunity to Amend their Defence and include a Counterclaim.
3. Keeping in mind that the trial proceeding are slated for hearing on 26.02.2026, it would be prejudicial for the same to proceed before the Appeal is heard and determined.
4. This is because the Defence and Counter claim is the formal way to having the Appellant prosecute its case and if this opportunity is curtailed without justification, then they stand to be condemned unheard.
5. Consequently, this Court hereby grants an Order of stay of the proceeding in ELDORET ELC NO.E068 OF 2024 pending the hearing and determination of the Appeal.
6. Costs of the Application will abide the outcome of the Appeal.
IN THE PRESENCE OF;
Court Assistant: Brian
Plaintiff: Ms. Ngala for the Appellant
Defendant: Kapere Warigi & Co. Advocates for the Respondent (N/A)
| ELC.A ELC LA E048 OF 2025 RULING1 |