1. I have considered the Notice of Motion Application dated 23 September, 2024 together with the supporting affidavit sworn on even date and the Preliminary Objection filed in opposition to the same dated 11th October 2024.
2. It is not in dispute that on 17th March, 2023, the late Majanja, J. dismissed an application for leave to appeal in the present matter on the basis that this court has no such no such jurisdiction to grant the same arising from arbitral matters.
3. The ruling followed an application arising from a determination of a section 35 and section 36 application under the Arbitration Act. The court, in my view correctly stated that such jurisdiction, being leave to appeal to the Court of Appeal, is the sole preserve of the Court of Appeal.
4. It is also not in dispute that the Court of Appeal in Civil Appeal Application No. E200 of 2023 dismissed the applicant’s application seeking stay of execution and leave to appeal to the Court of Appeal. The applicant has since applied for certification and or leave to appeal in the Supreme Court. That matter is pending before the relevant court.
5. In my view, in light of the above facts, this court is functus officio. The application for stay of proceedings ought to be canvassed in the present court dealing with the current stage of proceedings. That is not this court.
6. In any event, I am of the view that in the absence of a pending appeal this court has no jurisdiction to grant a stay of proceedings. To do so would be akin to granting a stay of proceedings in perpetuity.
7. A further absurd result arising from the grant of such an order would be to render the Arbitral Award incapable of execution after recognition and enforcement of the same as a decree of the court. Such a position would defeat the purpose of recognition and enforcement under the Act, and would be contrary to objectives of the Arbitration Act. I do not think the same is tenable in law.
8. Based on the reasons above, I find that the application is without merit. The same is dismissed with costs.