RULING
This litigation has a very respectable history and in this ruling, I shall only touch on the parts of that history which is relevant and essential to my decision. The original suit in the superior court was filed in the Central Registry in Nairobi on 25th July, 1986. Nyawira Ndiuini, the present respondent, was the plaintiff and he cited Kariuki Wambugu as the first defendant, Nelson Wahome Kiriungi as the second defendant and Nyeri County Council as the third defendant. The dispute centred on a piece of land known- as Plot No. Aguthi/Gatitu/66-7/37 which is situated in Nyeri District. The suit was subsequently transferred from Nairobi to the High Court at Nyeri and was there registered as Nyeri HCCC NO. 282 of 1987. The second defendant, Nelson Wahome Kiriungi is the present applicant in the application now before me. That application, by way of notice on motion and under certificate of urgency, was filed under Rules 4, 74(1) and 81 of the Court's Rules and seeks two orders fr…