RULING OF THE COURT
The short matter 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 and ruling of the Hon. Justice Kubo issued on 22nd November, 2006 in H.C.C.A No. 10 of 2005 and all consequential orders pending the hearing and final determination of the intended appeal.
2) An order staying all further proceedings in the superior court in H.C.C.A No. 10/05 pending the hearing and final 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, the appeal, were it to succeed, would have been rendered nugato…