In the application dated 29.11.2022, the Plaintiff seeks to stay execution of the decree herein pending the hearing and determination of MSA HCCC No. 105 of 2021, Mistry Jadva Parbat v Kenyatta University and Another on the ground that this suit is directly connected with the pending suit which is yet to be heard.
I have considered the application, depositionS as well as written submissions filed by the parties and I take the following view of the matter. This is a case where judgment was rendered in favour of the Defendant on 27.07.2018. The Plaintiff's appeal to the Court of Appeal was dismissed on 20.11.2020. By a ruling dated 23.11.2021, I dismissed the Plaintiff's attempt to set aside the judgment based on the same reasons regarding the suit pending in Mombasa and directed the Defendant to tax its Bill of Costs and proceed with execution if necessary. This suit has therefore come to an end and there is no reason to stay execution. The Plaintiff is of course at liberty to seek stay in the pending suit.
The application dated 29.11.2022 is dismissed with costs to the Defendant assessed at Kshs. 20,000.00.
DATED and DELIVERED at NAIROBI this 21st day of DECEMBER 2022
D. S. MAJANJA
JUDGE