RULING
1.The applicant has approached this Court under the provisions of Articles 10, 25(C), 27, 40, 48, 50 & 159 of the Constitution; Sections 3A & 3B of the Appellate Jurisdiction Act and Rule 5(2) (b) of the Court of Appeal Rules. He seeks in the main that an order staying all further proceedings in Kisumu High Court Civil Case No. 66 of 2018 Zainul Velji Vs Eri Limited do issue pending the hearing and determination of the appeal.
2.The motion is premised on several grounds which can be summarized thus that; the applicant was the registered owner of land reference No. Kisumu Municipality Block 3/92 from 1995, ( hereinafter the “suit property”), on 1st August 2011, the High Court struck out its defence and counterclaim in the above suit which had been filed against it by the respondent with regard to the ownership of the suit property, for reason that it was frivolous; it then filed an application for the review of the ruling aforesaid which was dismissed for reasons that the court la…