RULING OF THE COURT
The applicant Balozi Housing Co-operative Society Limited filed an application by way of Notice of Motion brought under Rule 5(2) (b) of the Court of Appeal Rules which application was filed in this Court on 27th September, 2001. The applicant was unhappy with the order of the superior court to the effect that the applicant should deposit Shs.20 million within 21 days failing which judgment would be entered in favour of the respondent.
When the application came up for hearing yesterday (4th October, 2001) Mr. Kembi Gitura for the respondent raised a preliminary objection to the effect that the applicant should not be heard since the applicant had improperly proceeded ex parte in the High Court where it obtained an extension of time within which to comply with the aforesaid order.
In dealing with this preliminary objection the starting point is the ruling of the High Court. In his ruling the learned Commissioner of Assize (Mr. Ransley) concluded thus:-
"I think this is …