1. Upon considering of notice of motion dated 18th December 2024, the affidavit in support thereof sworn by Peter Otieno Oroko on even date and the enclosures therein, I noted that the Appellant herein is the same as in HCA E244 of 2024.
2. The Applicant’s seek for orders of stay of execution the judgment and/or orders of appeal dated 18th December 2024 reveals that the Applicant/Appellant is appealing against the ruling of the adjudicator and given that the trial court has already rendered its judgment on the matter to do find that the appeal herein is academic.
Further the grounds upon which it is premised are not arguable regard being had to the fact that the Appellant wants to assign blame upon the trial court for mistakes made by his former advocates, instead of taking action against his said advocates.
I do find that for reasons stated herein above there exist no sufficient grounds for interfering with the ruling of the trial court wherefore I do hereby dismiss the appeal herein summarily pursuant to the provisions of Section 79B of the Civil Procedure Act.
Premised upon the dismissal of the appeal, the attendant application herein also stands dismissed with no order as to costs.
This file is marked as closed.
Dated at Kisumu this 20th day of December 2024