RULING OF THE COURT
We have before us an application by way of notice of motion brought under rule 5(2) (b) of the Court of Appeal Rules (the “Rules”) dated 20th December 2006 seeking three orders as follows:
“1. That the application be certified urgent and the same be heard on priority basis.
2. That the execution of the judgment and decree by the Nairobi High Court in High Court Civil Suit No. 362 of 2000 and dated 14th December 2006 be stayed pending the lodging, hearing and determination of the intended appeal against the judgment and decree of (Hon. Justice Onesmus K. Mutungi) delivered on 14th December 2006.
3. That the costs of this application be provided for.”
The application is based on five grounds which are:
“(i) That the applicant intends to appeal against the decision of the superior court and have already filed a notice of appeal in accordance with rule 74 of the Court of Appeal Rules.
(ii) That the applicant has requested for the typed proceedings for purposes of lodging the …