RULING OF THE COURT
1. This is an application for stay of execution of orders made by Mukunya, J. on 12th November, 2015 where the learned judge struck out the applicant’s suit and awarded costs thereof to the respondent. The application is brought under the wrong provisions of the law, order 45 of the Civil Procedure Rules and Sections 3 and 3A of the Civil Procedure Act, instead of rule 5 (2) (b) of this Court’s Rules. The applicant is an unrepresented lay person. We shall overlook that procedural impropriety in the spirit of Article 159 (2) (d) of the Constitution.
2. The applicant, being aggrieved by the aforesaid order, has preferred an appeal to this Court. The applicant states that the appeal has high chances of success and it may be rendered nugatory unless the order of stay is granted.
3. The brief facts that gave rise to Environment and Land Case No. 63 of 2015 that was before Mukunya, J were that the appellant filed Tribunal Case No. 34 of 2014 at the Business Premises Rent Tr…