The core issue which I am called upon to adjudicate in this application is as to whether or not this court has jurisdiction to grant a stay of proceedings arising out of an interlocutory appeal filed by the Plaintiff/Applicant in the Court of Appeal.
The Plaintiff/Applicant contends that the court has jurisdiction and therefore pray the court to stay proceedings in the substantive suit, which is a part- heard case pending before this court.
Let me state briefly the facts giving rise to the present application. The Plaintiff/Applicant in an attempt to establish its claim against the Defendant/Respondent herein called PW1. After the said witness had completed his evidence in-chief, counsel for defendant started his cross examination. Plaintiff’s counsel filed an application for leave to tender certain documents. The court ruled on the said application and refused same. The Plaintiff/Applicant therefore lodged an interlocutory appeal against the decision of the court at the Court of Appeal…