I have read and considered the certificate of urgency and accompanying Notice of Motion dated 3rd February 2025 and filed yesterday 4th February 2025.
I note that the applicant is challenging the validity of a ruling delivered by the lower court on 22nd January 2025 in MCCC/E278 of 2024 in a matter filed as a Misc Civil Application. It is trite that the supervisory jurisdiction of this court over decisions made by the lower court in civil matters can only be invoked by the filing of an appeal against the impugned decision. This court cannot review or set aside orders made by the lower court which are not challenged on appeal.
The applicant ought to have filed an application for review before the trial court or an appeal before this court.
It is thus my finding that the jurisdiction of this court has not been properly invoked. The application dated 3rd February 2025 is for this reason incompetent and is hereby struck out.
This file is marked as closed.
It is so ordered.