JUDGMENT OF THE COURT
We need not go to the facts of this appeal as these were set out at length by this Court in this appeal (in an application in the appeal) on 31st January, 1997 in which application two of us Tunoi and Shah JJ.A. were members of the Court.
We would however reiterate what this Court said in an application for stay of execution of orders made by the superior court (Wambilyangah, J.). That was an application under rule 5(2) (b) of the Ruled of this Court. This court said:
“In this application for a stay of execution the applicant has satisfied us that the intended appeal is arguable; in particular it was doubtful if there was an admission within the meaning of order X11 rule 6.”
Order X11 rule 6 provides as follows:
“6. Any party may at any stage of suit, where admission of facts has been made, either on the pleadings or otherwise, apply to the court for such judgment or order as upon such admissions he may be entitled to, without waiting for the determination of any othe…