1. This ruling is on the motion dated 28th November 2024. In which the Defendant is seeking a stay of the proceedings CIVIL APPEAL NO. E920 OF 2024 currently pending in the Court of Appeal and arising from an interlocutory ruling delivered in this suit. The said ruling and which was delivered in this suit on 22nd November 2024, granted the Plaintiff leave to amend the plaint. It did not make any other prejudicial order that this court may stay.
2. The Application which was supported by a Supporting Affidavit sworn by the Defendant, is based on the grounds that the said Appeal is arguable and that it will be rendered nugatory if this suit proceeds with the amendments in the plaint.
3. As that Appeal is not before this court, it is the Court of Appeal where it is, that can peruse the record and determine those two grounds under Rule 5 (2) (b) of the Court of Appeal Rules. Therefore, this Application ought to have been filed in the Court of Appeal and not in this Court.
4. Consequently, the stay is declined and the Application is hereby dismissed with costs. The defendant should seek the stay, from the Court of Appeal where the Appeal is pending.
2. The Application which was supported by a Supporting Affidavit sworn by the Defendant, is based on the grounds that the said Appeal is arguable and that it will be rendered nugatory if this suit proceeds with the amendments in the plaint.
3. As that Appeal is not before this court, it is the Court of Appeal where it is, that can peruse the record and determine those two grounds under Rule 5 (2) (b) of the Court of Appeal Rules. Therefore, this Application ought to have been filed in the Court of Appeal and not in this Court.
4. Consequently, the stay is declined and the Application is hereby dismissed with costs. The defendant should seek the stay, from the Court of Appeal where the Appeal is pending.