ZARA PROPERTIES LIMITED (CPR/2010/24490) V. ZARA PROPERTIES LIMITED (C.106174) & ATTORNEY GENERAL

RULING

On 29^th August 2018, I declined a request by the applicant to certify the application dated 16^th August, 2018 as urgent. The applicant now returns under Rule 47 (5) of the Court's Rules to urge the same matter in the presence of the other parties. The Attorney General, however, did not appear despite service of hearing notice.

The applicant and the 1^st respondent appeared before me and made their submissions on urgency. Learned counsel for the applicant, Mr. Gachie Mwanza, informed me that there is already an appeal filed to challenge the decision of the lower court being Civil appeal No. 216 of 2018. For some unclear reason however, this application was not filed within that appeal. It is also common ground that the main appeal will come up for case management and therefore imminent hearing thereafter, on 9^th October, 2018, which is a few days away. Furthermore, I am informed by counsel that there is already an order for stay granted by this Court on 24^th November 2017, pending …