RULING OF THE COURT
There is an application before this Court filed under Rule 5(2)(b) of our rules, which came up for hearing on 08.02.05. The application seeks an order of stay of the Judgment of Hon. Mr. Justice Mohammed Ibrahim delivered on 3rd December, 2004 and all proceedings in HCCC (Milimani Commercial Courts) No. 418 of 1998 pending the hearing and determination of an intended appeal by the applicant.
Before it was heard however, learned counsel for the applicant, Mr. Wambua Kilonzo raised preliminary objections relating to an affidavit in reply filed by the advocates on record for the respondents. This he can do orally under order XVIII rule 8 Civil Procedure Rules as read with section 3 of the Appellate Jurisdiction Act (Cap 9). We heard arguments of counsel on those objections and this ruling is therefore limited to those proceedings.
It is unnecessary, we think, for purposes of this ruling, to relate at length the history of this protracted dispute between the parties which…