RULING
On the 25th day of October, 2018, the applicant’s Application to the High Court of Kenya at Nairobi Commercial and Tax Division in Civil Case No. 501 of 2017, was dismissed by J.A. Makau, J. The applicant was aggrieved by that decision and filed a notice of appeal dated 2nd November, 2018 intending to appeal to the Court of Appeal against the entire ruling save for the finding that the applicant had made out a prima facie case under paragraphs 30-35 of the Ruling. It was pursuant to the mentioned notice of appeal that the applicant filed the notice of motion dated and filed on the 20th December, 2018 under a certificate of urgency.
The file was placed before a single Judge (Nambuye, JA) on 3rd January, 2019 for certification of the application as urgent, which request was declined. The applicant being aggrieved, has invoked Rule 47(5) of the Court of Appeal rules 2010, to have the issue of the certificate of urgency canvased inter partes vide its advocate’s letter dated 7th Janua…