The Applicant's application dated 13.02.2023 is incompetent and is hereby struck out for two reasons. First, it seeks stay of stay proceedings and payment of the decretal sum by installments in the suit filed in the subordinate him by the Judgment Creditor in that case; MILIMANI CMCC No. 5631 of 2014, Lords Healthcare Limited v EA Registrars Limited and Henry Nyabuto Buguka. The Judgment Creditor, Lords Healthcare Limited, is not party to this suit hence adverse orders cannot be made against it. Second, the thrust of this suit is a dispute between the Plaintiff and the Defendant as its insurer. This relationship does not affect the third party in the primary suit and not orders can be made in that regard affecting another suit. Accordingly, the application is dismissed but with no order as to costs.
The matter shall be mention on 25.04.2023 before the DR for directions and further. The DR to confirm that the matter is properly filed and that court filing fees have been paid.
Notice to issue.
DATED and DELIVERED at NAIROBI this 6th day of MARCH 2023
D. S. MAJANJA
JUDGE