R U L I N G
I heard counsel for both parties herein on the question of urgency. The jurisdiction of the court on the matter is donated by rule 47 of the Court of Appeal Rules, which, in pertinent part, provides that: "
47(1) Any application which the applicant desires to set down for hearing as a matter of urgency shall be ... supported by an affidavit setting forth the matters upon which the applicant relies as showing that his application should be heard without delay."
The applicant swore such affidavit and states in it that she fears being evicted from business premises which she has occupied for over 50 years as a tenant and that she will suffer undue hardship and loss if she is evicted. She therefore urges that her application be heard as a matter of urgency. She deposes that she has a strong case on the merits of her application.
The premises in question are subject to the provisions of the Landlord and Tenant (Shops, Hotels and Catering Establishments)Act, Cap 301 Laws of Kenya. T…