The Appellant’s application dated 18.10.2023 seeks stay of proceedings pending appeal from a ruling dismissing a preliminary objection. The objection was on the ground that the time for resolution of the matter in the Small Claims Court had lapsed. I decline to grant an order for stay as I do not think the Appellant will suffer any substantial loss if the matter proceeds. In any case, any prejudice will be assuaged by an award of costs.
The application dated 18.10.2023 is dismissed with no order as to costs.
DATED and DELIVERED at NAIROBI this 18th day of OCTOBER 2023
D. S. MAJANJA
JUDGE