SUJI MOTO INVESTMENT LTD. vs SANGETA PUNJABI & ANOR

RULING The Plaintiff/Applicant seeks an order of this Court staying proceedings in the present suit pending the hearing of an appeal lodged against the ruling of this Court (differently constituted) dated the 22nd day of July 2015. The said ruling refused the Plaintiff’s application for Summary Judgement filed on the 22nd day of June, 2015 on stated grounds and ordered that the suit takes its normal course. Being aggrieved by the said ruling, Plaintiff/Applicant has lodged an appeal against same. Plaintiff/Applicant states in its affidavit in support of the instant motion that a refusal to stay proceedings in this Court will occasion irreparable mischief to the Plaintiff/Applicant, in that, it will result in proceedings in this Court, directly competing with proceedings in the Court of Appeal, in respect of the suit. The Defendants/Respondents vehemently oppose the application essentially on grounds that it has no merit. I have carefully considered the instant application .....