JUDGMENT OF THE COURT
The appellants moved the High Court at Busia, (S. M. Kibunja, J.) by way of Notice of Motion seeking to set aside the decree of the High Court dated 19th November, 2012; stay of execution of the judgment and decree in Busia PMCC No. 154 of 2004 pending hearing and determination of the application and costs of the application. The five grounds in support of the application were that the High Court was partial in its judgment; the order of consolidation was made without jurisdiction or had It been applied for; the appellants had not sought for adjournment and that all they had requested for were directions from the Judge with regard to the two appeals, that is, Civil Appeal numbers 19 of 2007 and 10 of 2010 respectively. The supporting and supplementary affidavits in support of the application merely reiterated and expounded on the above grounds. It would appear that the respondent did not file any papers in response to the application.
Briefly, the background of thi…