' 1. I have considered the Chamber Summons dated 1st September 2025 vide which the Appellant/Applicant seeks to have the Notice of Motion dated 1st September 2025 heard during the Court''s current recess. I note that the Motion is urgent as the Respondent has, through its agent, proclaimed the goods of the Appellant/Applicant, and that there is therefore an imminent danger that the same may be sold in execution of the impugned ruling. That being the case I admit the matter for hearing during the recess.
2. I have considered the Motion. The ruling was delivered on 21st August 2025. The trial court found that the Appellant/Applicant was undeserving of the equitable relief and set aside the orders that it had previously issued. The trial court had the benefit of hearing both parties. Its decision cannot, therefore, be wished away.
3. Having said that, and so as not to make the appeal an academic exercise, I will stay the execution of the ruling of the court below delivered on 21st August 2025 , on condition that the Appellant/Applicant pays the alleged rent arrears of Kes.355,500/- to the Respondent within 14 days of the date hereof . In default thereof, execution will proceed.
4. I order that the application be served on the Respondent within three days of the date hereof for a hearing interpartes on 18th September 2025 . Parties are at liberty to file and exchange skeleton submissions before then.
5. It is so ordered.
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2. I have considered the Motion. The ruling was delivered on 21st August 2025. The trial court found that the Appellant/Applicant was undeserving of the equitable relief and set aside the orders that it had previously issued. The trial court had the benefit of hearing both parties. Its decision cannot, therefore, be wished away.
3. Having said that, and so as not to make the appeal an academic exercise, I will stay the execution of the ruling of the court below delivered on 21st August 2025 , on condition that the Appellant/Applicant pays the alleged rent arrears of Kes.355,500/- to the Respondent within 14 days of the date hereof . In default thereof, execution will proceed.
4. I order that the application be served on the Respondent within three days of the date hereof for a hearing interpartes on 18th September 2025 . Parties are at liberty to file and exchange skeleton submissions before then.
5. It is so ordered.
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