RULING OF THE COURT
By this motion expressed to be brought under rules 1(2), 56( 2) and 42(1) of the Rules of this Court (the Rules), the applicant MUSIARA LIMITED prays for orders for:-
1. Declaration that the Ruling or Order made by this Honourable Court on 3 rd October, 2003 in Civil Application No. NAI. 228 of 2003 (U.R 112/03) is null and void and/or invalid.
2. That the said invalid Ruling or Order be recalled and cancelled.
3. Alternatively that the said Ruling and Order in Civil Application No. NAI. 228 of 2003 (U.R 112/03) made on 3 rd October, 2003 be rescinded .
The basis upon which the application is brought is; firstly, that the ruling complained of was made without jurisdiction as this Court has no power under rule 5(2) of the Rules to reverse or vary a decision of the superior court in an interlocutory application for orders to stay before the intended appeal is lodged let alone heard; secondly, that the power to reverse or vary a decision of the superior court can only be e…