R U L I N G
On the 17th January 2018, I declined to certify this matter as urgent for reasons that no urgent circumstances had arisen to warrant the issuance of a certificate of urgency.
The matter before me relates to a ruling delivered on 21st February 2014, where the High Court (Mabeya, J.) declined to set aside an interlocutory judgment and to grant leave to the applicants, Reuben Warui Mwangi and Mercy Wanjiru Warui to file a defence to the 1st respondent, Geoffrey Kuria Githambu’s claim.
The applicants were displeased with the ruling of the High Court and filed a Notice of Appeal on 22nd May 2014, and a Notice of Motion on 16th January 2018 together with a supporting affidavit sworn by Reuben Warui Mwangi seeking for orders, that the application be certified urgent and the same be heard ex-parte in the first instance; that pending the inter parties hearing and determination of this application and the appeal in this Court, an order of stay of proceedings of High Court Civil Case No…