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…However, counsel then holding brief for the appellant’s counsel, Miss Mwangi, asked for an adjournment as Mr Ghadialy was engaged elsewhere and pointed out significantly, that the suit had been stayed by consent of both parties…

…Mr Ghadialy then sought an adjournment to enable him to file a defence which he had not been required to file in view of the fact that stay of proceedings had been ordered by consent within the context of section 6 of the…

…He should have done, if only to ask for an adjournment, if necessary, when it began to turn into a formal proof exercise.…