The Plaintiff’s application dated 01.11.2022 is dismissed with costs of Kshs. 10,000.00 to the Respondent on the ground that the application dated 04.11.2022 sought to be reinstated will not serve any useful purpose. In that application, the Plaintiff sought to stay of execution and or sale of the suit property pending the hearing of its application in the Court of Appeal following dismissal of its application for injunction before this court. The application has now been overtaken by events as the Court of Appeal has heard the application for stay filed in that court and is scheduled to deliver its ruling on 17.03.2023. The Court of Appeal would have granted interim relief if necessary but it did not hence this court cannot arrogate itself the right to determine what is now pending before the Court of Appeal.
This matter shall be mentioned on 28.03.2023 before the DR for any pre-trial or other directions.
DATED and DELIVERED at NAIROBI this 3rd day of MARCH 2023
D. S. MAJANJA
JUDGE