RULING
1. The Appellant has approached this court vide a Chamber Summons dated 3.8.2026 and filed on 5.8.2026, supported by his own affidavit sworn on even date wherein he craves that his Notice of Motion of 30.7.2026 be admitted for hearing during the High Court Vacation.
2. I have considered the application herein, the supporting affidavit and the certificate of urgency and the issue that arises for determination is whether this court ought to be brought back from vacation for purposes of entertaining the appellant's substantive motion.
3. The Appellant has deposed that this court delivered a judgment on 16.1.2026 for a sum of Ksh 455,000 against the #rd Defendant and that execution has been issued against him. This Court being an appellate court did not hear the primary suit wherefore it cannot be accused of delivering the judgment in the primary suit. Be that as it may I have perused the copy of the judgment as annexed in the substantive motion and i not that indeed judgment was entered against the #rd defendant and not the appellant herein and it is for that reason that I will overlook the lapses in the appellant's pleadings and I will admit his Notice of Motion Dated 30.7.2026 for consideration during the High Court Vacation.
Delivered, Signed and Dated at Milimani this 7th day of August 2026.
M.S. Shariff
Judge
1. The Appellant has approached this court vide a Chamber Summons dated 3.8.2026 and filed on 5.8.2026, supported by his own affidavit sworn on even date wherein he craves that his Notice of Motion of 30.7.2026 be admitted for hearing during the High Court Vacation.
2. I have considered the application herein, the supporting affidavit and the certificate of urgency and the issue that arises for determination is whether this court ought to be brought back from vacation for purposes of entertaining the appellant's substantive motion.
3. The Appellant has deposed that this court delivered a judgment on 16.1.2026 for a sum of Ksh 455,000 against the #rd Defendant and that execution has been issued against him. This Court being an appellate court did not hear the primary suit wherefore it cannot be accused of delivering the judgment in the primary suit. Be that as it may I have perused the copy of the judgment as annexed in the substantive motion and i not that indeed judgment was entered against the #rd defendant and not the appellant herein and it is for that reason that I will overlook the lapses in the appellant's pleadings and I will admit his Notice of Motion Dated 30.7.2026 for consideration during the High Court Vacation.
Delivered, Signed and Dated at Milimani this 7th day of August 2026.
M.S. Shariff
Judge