RULING OF THE COURT
Background
[1] The applicant, SHREE HAREE BUILDERS LIMITED (hereinafter referred to as 'the applicant') filed a Notice of Motion dated 30th May, 2016 expressed to be brought under Rules 5(2)(b) of this Court's Rules by which it sought the following orders:
“1. That pending the lodging, hearing and determination of the applicant's intended appeal, the Arbitral proceedings and/ or any further proceedings before Mr. Walter Odundo, the 2nd Respondent herein, be stayed,
2. That the costs of this application be awarded to the Applicant in any event.”
[2] The subject matter of the proceedings before the learned Judge was that the applicant and the 1st respondent entered into a written contract dated 20th May, 2010 wherein, the 1st respondent engaged the services of the applicant to carry out the construction works of residential apartments at Kizingo-Mombasa on L.R. No. Mombasa/Block XXVI/1102 for a contract sum of Kshs. 257,973,000. A dispute arose between the parties which w…