RULING
- The application dated 18th March, 2025 is seeking to stay an order of dismissal pronounced as the 22nd October, 2024 by the Trial Court.
- The Appellant was also the Plaintiff in the Trial Court and was not successful in the prosecution of the Plaint therein.
- Consequently, the decision of the Trial Court was a negative order which cannot be stayed by this court.
- Similarly, there is no reason why this court should interfere with the Respondent’s fruits of judgment in the absence of an order for stay.
- In essence therefore, the application dated 18th March, 2025 is not merited and is dismissed with costs.
DATED, SIGNED & DELIVERED Virtually in Eldoret ELC Court on 4th April, 2025.
IN THE PRESENCE OF;
Court Assistant: Brian
Appellant: Ms. Kesei for the Appelllant
Respondent: Ms. Isiaho for the Respondent