RULING OF THE COURT
Before us is a Notice of Motion dated 5th April 2011 that arises from the ruling and order of Muchelule, J made on 3rd February, 2011, in which the applicant prays for orders that:
The application be certified as urgent and the same be heard on a priority basis;
The Honourable court be pleased to grant a stay of further proceedings of the High Court Civil Case ELC Number 306 of 2008 pending the hearing and determination of the intended appeal on such terms as it thinks just;
3.The costs of this application do abide by the result of the said intended appeal.
Briefly, the facts as they relate to the application are that by way of a Chamber Summons dated 11th October 2010 the 1st respondent sought to strike out the applicant’s defence in High Court Civil suit No. 306 of 2008. On 3rd February 2011, in granting the orders sought, the High Court struck out the applicant’s defence for reasons that he was satisfied that the applicant did not have an arguable defence to the c…