RULING
This matter came before me on 17th March, 2017 for purposes of certifying the applicant’s Notice of Motion dated 14th March, 2017 and filed on the same day, as urgent. I declined to certify the matter as urgent and hence the parties appeared before me on 4th April, 2017 for interpartes hearing pursuant to Rule 47 (5) of this Court’s Rules.
The grounds upon which the applicant’s motion is anchored is as indicated on the face of the certificate of urgency and the affidavit in support sworn by F. N. Wamalwa, Advocate on 14th March 2017. These are: that the respondent is due to sell the applicant’s property on 18th April 2017; that the High Court erred when it failed to take into consideration that the rates of interest were not reflected on the charge document contrary to Section 84 (1) (2) (3) and Section 88 (1) of the Land Act; failed to find that Hire Purchase debt, Credit Card debt and the overdraft facility could not be part of the charge as these were unsecured debts; that the…