PETER MWANGI MBUTHIA V. SAMOW EDIN OSMAN & NAFTALI RUTH KINYUA

RULING

On 2nd March, 2004, this Motion was placed before me for directions under rule 47 of the Court of Appeal Rules. I declined to certify the application as urgent.

Pursuant to a petition to the Deputy Registrar this application for urgency was argued before me on 8th March, 2004. Both Mr. Wandaka, for the applicant, and Mr. Njiru, for the second respondent, made very emotional pleas to me to have the matter certified as urgent. They averred that there has been a massive destruction of the suit property and a further delay would jeopardise the outcome of an intended appeal. Mr. Lakicha, on the other hand, did not believe that the application warranted any urgency and stressed that the applicant was at fault since he did not comply with the orders of the superior court.

Judicial decisions are not made whimsically or capriciously and emotions are not benchmarks of any judicial considerations. I will not be swayed by them. However, I have reconsidered the Motion once again. Disputes such…