RULING OF THE COURT
In this Notice of Motion dated 10th May 2019 which is brought under sections 3 (2), 3A and 3B of the Appellate Jurisdictions Act and rules1 (2), 5 (2) (b) and 103 of the Court of Appeal Rules, the applicant, Shami Deshpal Wadhwa, has sought for orders that, pending the hearing and determination of this application and the intended appeal, the hearing of the defence case in Malindi ELCC No 51 of 2012 scheduled to be heard on 21st November 2019 be stayed, and that this Court consolidate Malindi Civil Appeal No. 33 of 2019, Shami Deshpal Wadhwa v. Habib A. Mohamed and 4 others with Civil Appeal No. 148 of 2019, Shami Deshpal Wadhwa v. Habib A. Mohamed and 4 others as the two appeals arise from the same dispute.
The application was brought on the grounds that on 5th February 2019, the applicant had sought the leave of the court to file an additional list of documents in Malindi ELCC No. 51 of 2012, and upon grant of leave the list of additional documents filed on 31st Ja…