RULING OF THE COURT
The applicant herein filed an application by way of Notice of Motion, dated 24th June, 2009 brought under rule 5(2)(b) of the Court of Appeal Rules seeking the following orders:
1. This application be heard ex-parte in the first instance.
2. There be a stay of execution and judgment in Nairobi High Court (Milimani Commercial Division) Civil Case No. 165 of 2007 delivered on 6th March, 2009 pending the hearing and determination of the intended appeal.
3. The costs of an (sic) incidental to this application abide the result of the intended appeal.
The application was made on the following grounds:-
(a) The notice of appeal has been lodged and served in accordance with rule 74 of the Court of Appeal Rules.
(b) That the applicant has an arguable appeal with food (sic) chances of success.
(c) That the intended appeal will be rendered nugatory if the orders sought are not granted.
(d) That the applicant will suffer irreparable loss if the said orders sought are not granted wherea…