RULING
I have considered the defendants’ notice of motion dated 17.7.2024, the certificate of urgency issued by Edwin Mongeri on the same date, the supporting affidavit of Erick Mongeri of even date and the annexures attached thereto and I note that the proceedings that defendants seek to stay were conducted on 11.6.2024 and no explanation has been offered for the delay of more than one month in moving the court wherefore no urgency has been demonstrated. I further note from annexure marked as EOM-7, the defendants make reference to an appellant who was absent on 11.6.2024 yet this suit is against two defendants and the defendants’ advocate one Edwin Mongeri was present but expressly opted not to participate in the proceedings.
In light of the above observation I hereby make the following orders :-
- This application is not certified as urgent.
- The same be served within two days from the date hereof.
- The plaintiff/respondent is directed to file and serve it’s response within 10 days from the date hereof.
- The defendants/applicants are granted leave to file a supplementary affidavit if need be simultaneously with their submissions within 20 days from the date hereof and the plaintiff/respondent is directed to file it’s submissions within 30 days from the date hereof.
- Mention on 24.9.2024 to confirm compliance.
IT IS HEREBY SO ORDERED.
Delivered, signed and dated at Kisumu this 18th day of July 2024.
Mwanaisha Saida Shariff
Judge