SIMON NYAMU MIGWI
V.
PETER MUNENE MIGWI & ANOR.

RULING OF THE COURT

We convened on 19^th September, 2017 to hear a motion dated 2^nd August, 2017 where the applicant, Simon Nyamu Migwi, asked amongst other things, that we grant him leave to appeal to the Supreme Court against part of the judgment of this Court delivered on 19^th July, 2017; that we grant a stay of execution and finally, we give directions as to the filing of a Notice of Appeal.

When the matter was called out for hearing there was no appearance for the applicant but Mr. Maina Kagio, learned counsel, was present for the respondents. In the absence of the applicant or his advocate who had been served with the hearing notice for that day, we ordered that the application be dismissed under the rules of this Court.

On the 25^th September, 2017 M/s C. K. Kioko and Company Advocates for the applicant brought a motion under various rules of this Court where it was prayed in the main that we be pleased to set aside the said order dismissing the earlier application and that we reins…