RULING
1. On 4th August 2026, the appellant filed a Notice of Motion of even date but failed to move this court appropriately under the High Vacation Rules.
2. On 10th August 2026 the Appellant has filed undated Notice of Motion, not a Chambers Summons wherein it craves that his application dated 4th August 2026 be admitted for hearing during the High Court Recess. The Appellant is represented by a law firm of J. Makumi & Company Advocates who are supposed be aware of the High Court's Calendar and or term. Whereas this court could have overlooked the format of the application, the failure to it cannot be ignored. I do not know of the date of the Notice of motion wherefore the same is hereby struck out for being incurably and fatally defective.
3. In light of the order made hereinabove, the appellant's Notice of Motion dated 4th August 2026 is not admitted for hearing during the Court's Recess, and the same be served for inter partes hearing on 29th September 2026.
4. The respondent to file a response before then.
Delivered, Signed and Dated at Milimani this 10th day of August 2026.
M.S. Shariff
Juge
1. On 4th August 2026, the appellant filed a Notice of Motion of even date but failed to move this court appropriately under the High Vacation Rules.
2. On 10th August 2026 the Appellant has filed undated Notice of Motion, not a Chambers Summons wherein it craves that his application dated 4th August 2026 be admitted for hearing during the High Court Recess. The Appellant is represented by a law firm of J. Makumi & Company Advocates who are supposed be aware of the High Court's Calendar and or term. Whereas this court could have overlooked the format of the application, the failure to it cannot be ignored. I do not know of the date of the Notice of motion wherefore the same is hereby struck out for being incurably and fatally defective.
3. In light of the order made hereinabove, the appellant's Notice of Motion dated 4th August 2026 is not admitted for hearing during the Court's Recess, and the same be served for inter partes hearing on 29th September 2026.
4. The respondent to file a response before then.
Delivered, Signed and Dated at Milimani this 10th day of August 2026.
M.S. Shariff
Juge