<p class="ql-align-center"><strong>RULING OF THE COURT</strong></p><p class="ql-align-justify">By this motion expressed to be brought under rules 1(2), 56( 2) and 42(1) of the Rules of this Court (the Rules), the applicant <em>MUSIARA LIMITED </em>prays for orders for:-</p><p class="ql-align-justify"><em>1. Declaration that the Ruling or Order made by this Honourable Court on 3 rd October, 2003 in Civil Application No. NAI. 228 of 2003 (U.R 112/03) is null and void and/or invalid.</em></p><p class="ql-align-justify"><em>2. That the said invalid Ruling or Order be recalled and cancelled.</em></p><p class="ql-align-justify"><em>3. Alternatively that the said Ruling and Order in Civil Application No. NAI. 228 of 2003 (U.R 112/03) made on 3 rd October, 2003 be rescinded .</em></p><p class="ql-align-justify">The basis upon which the application is brought is; firstly, that the ruling complained of was made without jurisdiction as this Court has no power under rule 5(2) of the Rules to reverse or vary a decision of the superior court in an interlocutory application for orders to stay before the intended appeal is lodged let alone heard; secondly, that the power to reverse or vary a decision of the superior court can only be e…</p>