1. I have considered the Notice of Motion Application dated 7th November 2023 together with the affidavit in support sworn on even date and the replying affidavit in opposition to the same sworn on 4th March 2024.
2. The applicant failed to appear to prosecute the application and the same is opposed.
3. In any event, I have looked at the Ruling issued by my brother, Majanja, J. on 10th November 2022, the same stipulates that the stay of execution would remain in force for one year. Accordingly, the same expired on 10th November 2023. There are no orders capable of extension, the same having expired.
The applicant is accordingly seeking a fresh stay of execution. To my mind, this matter is now in the Court of Appeal. That court has been seized of this matter since 2022 and it is therefore the appropriate forum for the applicant to seek the orders sought.
4. I do not think it is appropriate for this court to consider a question of stay in relation to decision made by a court of concurrent jurisdiction once the matter has moved up the appellate chain and is, and has been, before a Higher Court for over one year. To do so may cause embarrassment to the courts.
5. Based on the reasons set out above, the application is dismissed with costs.