Modern Truckers Limited VS Sullivans Management Limited

'I have considered  the applicant''s 2 applications the first of which is a chamber summons seeking the second application, the motion dated 18 August 2025 to be heard during this Honourable Court''s current recess. The impugned ruling by and large struck out the appellant''s suit  and applications against the 2nd defendant. The ultimate order is basically a negative order againt which no order of stay  of execution can be granted. What appears to be a positive order is the order directed at the appellant to release the 2nd defendant''s/respondent''s goods or consignement of goods which, apparently, the appellant is holding as lien. Even then, the applicant has not demostrated that it will not be able to excute its judgment against the 2nd defendant/respondent in the event both its appeal and the suit aginst the 2nd respondent succeed. Accordingly, I am not cionvinced that the application is urgent as to be heard during this Honourable Court''s recess. I direct that the application be served for mention for directions before Mutai, J on 24 September 2025. It is so ordered. '