RULING OF THE COURT
The issue that is brought before us is to determine, as sought by the applicant, whether we should make the following orders:-
1) A stay of execution of the order on the judgment delivered by Emukule J on 14th May, 2007 in High Court Misc. Application No. 372 of 2007 pending the lodging, hearing and determination of the intended appeal.
2) An order staying further proceedings in the procurement process including the execution of the contracts and or performance of the contracts under the tender NO. KPL 1/IC/5/3/88/2006 pending the determination of the intended appeal.
The orders are sought under rule 5(2) (b) of the Rules of this Court and the principles that guide the Court in considering such applications are now well settled. The applicant, in order to succeed, must satisfy the Court that the appeal or intended appeal is an arguable one, that is, that it is not a frivolous appeal. Secondly, that if an order of stay or injunction, as the case may be, is not granted, …