Kenneth Njue & 1 other v Grace Mary Micere

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT EMBU MISC. CIVIL APPLICATION NO. 139 OF 2010 KENNETH NJUE..............................................................................................................1ST APPELLANT JAMES MUCHANGI NYAGAH......................................................................................2ND APPELLANT VERSUS GRACE MARY MICERE................................................................................RESPONDENT RULING I have considered the Application dated 26.11.2010. I have also carefully considered the rival affidavits and the annexures thereto. As I stated on 29.11.2010 when I certified the application as urgent, the learned magistrate’s ruling that is the subject of the intended Appeal does not form part of the annexures herein. I am therefore unable to see the reasoning behind the same to enable me make an informed decision as to whether the magistrate applied her discretion judicially or unfairly. In the absence of the said ruling, I have no basis whatsoever to grant any of the orders sought. The application is therefore dismissed with costs to the Respondents. W. KARANJA JUDGE Delivered, signed and dated at Embu this 7th day of December 2010

page 1 of 2