RULING OF THE COURT
Although the record of the application before us looks voluminous and arguments of counsel were protracted, the matter that arises for determination is fairly straightforward. It is whether we should grant leave to the applicant to appeal against the order of the superior court made on 14th February, 2006 in High Court Miscellanous Civil Application No. 59 of 2004. Issues raised by the respondent at a preliminary stage as to whether this Court had any power to entertain such an application in the first place, were resolved by a majority decision of this Court (Omolo and O’Kubasu JJ.A, Onyango Otieno, J.A dissenting) made on 5th April, 2006. We revert therefore to the jurisdiction exercisable by the court under rule 39 of the rules of this Court which provides in relevant part as follows:
“39. (b) Where an appeal lies with the leave of the court, application for such leave shall be made in the manner laid down in rules 42 and 43 within fourteen days of the decision ag…