RULING OF THE COURT
By his motion dated 24th February 2014 brought under Section 3A of the
Appellate Jurisdiction Act and Rules 5 (2) (b) and 42 of the Court of Appeal Rules, KAYUM KHAN (the Applicant), who is acting in person, prays that this Honourable Court be pleased to grant stay of further proceedings in Industrial Court Case Number 66 of 2013 pending the determination of Civil Appeal No. 3 of 2014.
The applicant bases his application on some three grounds which appear on the face of the motion as follows;
“i) If as per the Ruling of 5th February, 2014 of Hon. Lady Justice Monicah Mbaru, the Industrial Court matter, No. 66 of 2013, continues with hearing and adjudication and judgment is delivered thereof, (sic) the pending Civil Appeal No, 3 of 2014 will be rendered nugatory as the prayers sought in the Appeal are intended to bring in the entire issues in dispute to be heard and determined before judgment is delivered.
That by principle of Res judicata, the Applicant herein will be u…