RULING OF THE COURT
This is an application under rule 5(2)(b) of the Court of Appeal Rules and also expressed to be made under 3A and 3B of the Appellate Jurisdiction Act. The substantive order sought is to the effect that pending hearing and determination of the appeal there be a stay of further proceedings in Nakuru H.C.C.C. 247 of 2002.
What triggered the filing of the application is a ruling in H.C.C.C. 247 of2002 by the superior court (Ouko, J.) in which the superior court reinstated the suit which had abated on 4th August 2006 one year after the death of the Plaintiff Amolak Singh on 4th August 2005. The orders of reinstatement and revival were made upon the application of the widow of the Amolak Singh, Mrs Puny Balbir Kaur made pursuant to Order 23 of the Civil Procedure Rules. The applicant was aggrieved by the said order for the reasons that the superior court had by virtue of the ruling given a greenlight for litigation over an unregistered and unexpressed lease given on a no…