RULING OF THE COURT
This application expressed to be brought under rule 5(2)(b) of the Rules of this Court seeks an order of stay of proceedings in Nairobi Milimani HCCC NO. 412 of 2003, pending the hearing and determination of an appeal which we are informed from the bar that it has been preferred against the ruling and order of the superior court (Kasango J.) made on 27th April, 2005.
On 9th July, 2003, the applicant filed suit at the High Court of Kenya being KISII HCCC NO. 99 of 2005 (“the Kisii Suit”) against the respondent seeking, inter alia, a permanent injunction restraining the respondent from evicting the applicant from certain premises known as Kisii Mun/Block 111/77. Two days later, the respondent also lodged another suit at Nairobi, Milimani, being HCCC 412 of 2003 (“the Nairobi suit”) , seeking certain injunctive orders against the applicant in respect of the same premises.
It is on record that on the 21st July, 2003 the respondent filed an application in the Kisii suit f…