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…Application for summary judgment should not be allowed unless there are triable issues raised, in this case no triable issues raised, hence the lower court was correct in dismissing the application. Appeal dismissed.…

…Muslim Mohamed Jaffer Abdulla Kanji (the appellant) trades as ‘Airoquip & Applications’.…

…Consequently several weeks later on the application of the respondents an ex parte judgment was entered against the appellant.…

…He swore an adavit in support of his application and deponed that he was not served with the summons to enter appearance and was not aware of the suit.…

…The first one is that the learned Principal magistrate erred in proceeding to hear the two applications in the face of the stay order in HC Misc. Civil Application Number 261 of 2006.…

…The second issue that the Appellant was not given sufficient notice for the hearing of the applications has equally no merit. The applications had been served much earlier.…

…Application No 646 of 2004, without notifying or inviting the Board to the hearing of the Application as an interested party.…

…of the Application, the same is fatally defective. iii) To the extent that the Application is grounded on a court order issued in Misc.…

…had initially made an application to set aside orders of the court made on 22 November 2022 but the application had been declined.…

…The court (Honourable Kiage) considered the application and, in a ruling, dated 4 April 2023, dismissed the application. 13.…

…interest of justice that the application be allowed.…

…interest of justice and for the expeditious disposal of disputes that this application should be dismissed; that the Appellant will not suffer any prejudice if the application is dismissed since his recusal application is…

…Opposing the application, Mr.…

…In this application, there is no prayer challenging the sale.…

…The respondent emphasized that the application was bad in law as it was allegedly res judicata given that a similar application had been determined by the court on 9th June 2025.…

…Regarding whether the application was filed timeously, the record shows that the application was filed about two months after a similar application was determined by the trial court.…

….…….3RD RESPONDENT RULING The Applications Pending determination by this Court are two (2) applications.…

…Concerning the second application, Mr.…

…negative order, which dismissed an application for stay; the application was overtaken by events, as execution had already been levied; and the application was an abuse of court process. 4.…

…This ruling determines the instant application, and once I deliver the ruling, the application would cease to exist or to pend.…

…For context, the application seeks the following orders; 1. The application be certified urgent, service dispensed with and heard ex parte in the 1 st instance. 2.…

…Having gone through the grounds on the face of the application, I notice that ground 3 talks of the application being one for stay of execution.…

…The application is, thus, an afterthought. 13.…

…this length of time to file the current application.…

…In that application the appellant/applicant sought the following orders i. The application be certified urgent ii.…

…A copy of the Notice of Motion Application dated 23/1/2024 was attached to this application.…

…The costs of this application be provided for. 5.…

…Response to the application 6. The Appellant has resisted this application vide a replying affidavit sworn by Andrew Kituyi Wafula on 29.10.2025.…

…This application has been made timeously without undue delay.…

…The affidavit is extensive but the salient issues relevant to the present application dated 27 th May 2025 are THAT: The application lacks timeliness.…

…The application is based on grounds stated on the face of the application and supported by the affidavit of the applicant sworn on 24 th April 2026.…

…The applicant submitted that the ruling dismissing the review application was delivered on 24 th March 2026 and the present application filed without delay.…

…The applicant thus prays that the application be allowed. 6. The application is opposed by the 1 st and 2 nd respondents. The 1 st respondent filed grounds of opposition dated 3 rd March 2026.…

…The 1 st respondent did not file submissions to the application. 17.…

…Costs of this application be provided for. 6. The grounds in support of the application are that: a.…

…It was sworn on 17th June 2025 by Husna Idris Kassim to suport the application that gave rise to the present appeal and application. It was simply appended to this application.…

…That the application be heard inter parties on such date and time as this honorable court may direct. That the costs of this application abide the outcome of the appeal.…

…The application will not occasion any prejudice to the Appellant/Applicant. This application has been done without any unreasonable delay.…