The Appellant’s application dated 19.06.2023 is for stay of proceedings pending appeal from a decision of the Subordinate Court refusing him to join the suit as a defendant. The subject matter of the suit is a motor vehicle which he claims to have purchased at an auction. The Plaintiff before the trial court has challenged the auction and if the suit succeeds, the Appellant will be disposed of it yet he asserts ownership. As an interested party to the suit he cannot claim relief nor can the court issue relief in his favour. I therefore grant an order of stay of the proceedings before the Subordinate court for a period of 90 days only from the date hereof unless otherwise extended by this court. Costs of the application shall be in the appeal.
Mention on 27.09.20223 for directions on the appeal and to confirm compliance with the filing of submissions.
DATED and DELIVERED at NAIROBI this 19th day of JULY 2023
D. S. MAJANJA
JUDGE