RULING OF THE COURT
[1] The applicant Katangi Developers Limited has moved this Court under Rule 5(2)(b) of the Court of Appeal Rules, for orders of stay of proceedings in Kisumu ELC No. 75 of 2016 pending the hearing and determination of an intended appeal by the applicant against a ruling dated 14th June, 2017 delivered by the ELC Court, (Kibunja J).
[2] The ruling related to an application made by the applicant to the ELC Court seeking to have a suit filed against it by Prafula Enterprises Limited (herein the 1st respondent), struck out. The applicant had contended that Kisumu ELC Case No.75 of 2016 was res judicata as it raises issues that were directly and substantially in issue in previous proceedings between the applicant and the 1st respondent, that is, Kisumu ELC No.33 of 1999 and Kisumu Civil Appeal No.117 of 2006, which issues were fully heard and determined both by the High Court and the Court of Appeal. It was also contended that the 1st respondent suit was time barred and …