RULING OF THE COURT
The application before us was brought under rule 5(2) (b) of this Court’s Rules. The principles that guide the Court when considering such an application are now well settled and they are that for the applicant to reap the benefits of the same rule, he must demonstrate that the appeal, which in this case is Civil Appeal No. 90 of 2006, is arguable or in other words, is not a frivolous appeal. Secondly, he has to show that if the orders of stay sought are not granted and eventually the appeal succeeds, then the results of the same appeal will be rendered nugatory – see the cases of Trust Bank Limited and another v. Investech Bank Ltd. and 3 others – Civil Application No. Nai. 258 of 1999 (unreported) and Butt v. Kent Restriction Tribunal (1982) KLR 417.
In this case, the applicant is seeking orders that pending the hearing and determination of Civil Appeal No. 90 of 2006, the execution of the judgment and order of the Honourable Lady Justice Wendo dated 17th March, 20…