R U L I N G
The present application filed on 12th June, 1997 and which has been brought under rule 4 of the Rules of this court, is intriguingly that:
"leave be granted to the Applicant to file an application for leave to appeal to the Superior Court out of time in respect of the decision of the High Court ... at Nairobi by Honourable Justice E. M. Githinji dated 8th May, 1997.".
The present application has been objected to on three grounds namely, that no Notice of Appeal has been filed by the applicant, that the Notice of Motion is silent on the grounds on which the reliefs sought are based, and that I have no jurisdiction to entertain the application. The decision concerned was an order granting an interlocutory injunction against the applicant which had been sought under Order 39 of the Civil Procedure Rules. This being an order in respect of which according Order 42(1) of the Civil Procedure Rules and which is derived from section 75(1) of the Civil Procedure Act, an appeal lies as …