1. The application before the court dated 26th June 2024 filed by the appellant/applicant, seeks orders that Judgment slated for delivery on 10th July 2024 be arrested and or suspended pending hearing and determination of the application; that the court do release the lower court file No. 30 of 2020 to enable the appellant/applicant extract the decree; that time be extended to enable him file a supplementary record of appeal introducing the decree.
2. The application is premised on the grounds on its face and supported by the affidavit of Jonah Korir sworn on 26th June, 2024.
3. When the application came for inter parties hearing, counsel for the respondent informed the court that he was not opposed to the orders sought being granted.
4. I have considered the application, the grounds and the affidavit in support and find the application with merits. Consequently, I allow prayer 2, 3 and 4 in the application dated 26th June 2023.
5. The applicant to file the supplementary record of appeal within 7 days.
6. Judgement for the appeal will be delivered on 25th July 2024.
7. Orders accordingly.
Dated, signed and delivered at Iten this 11th day of July 2024
Ruling delivered virtually in the presence of:
Mr. Korir for the Appellant
N/A for the Respondent
Court Asst.: Alex