RULING OF THE COURT
Before us is an application by way of Notice of Motion brought under Rule 56(2) of the Court Appeal Rules (the Rules) in which this Court is being urged to grant the following orders:-
“1. THAT this Honourable Court be pleased to vary its orders made on the 29th day of March 2006 requiring a written undertaking that in the event of this Appeal not succeeding the Official Receiver shall pay the cost and that until and unless such an undertaking is given and filed by the Official Receiver this Appeal shall not be re-listed for hearing. And in its place make an order as follows or to that effect be made:-
2. THAT a relative of the Appellant namely HOSKIN INDIMULA OLAKA undertakes to pay the costs for and on behalf of the Appellant and deposits to the court a specified fixed sum say Shs. 30,000/= (or such other fixed sum as this court may decide) to serve as security for the costs of this Appeal in the event of the Appeal not succeeding and on its being paid this Appeal d…