RULING OF THE COURT
We have before us an application under Rule 5 (2) (b) of this Court’s Rules in which we are asked to order that all further proceedings in Nairobi High Court Civil Case No. 664 of 2004 and all the orders made therein on 14th June, 2005 be stayed pending determination of the intended appeal.
This application was certified urgent on 17th June, 2005 and it has come up for hearing today at mid-day. The proceedings to be stayed are to be placed before Ojwang J at 3.00 p.m. today.
We have heard submissions from the learned counsel appearing for the parties herein. It is our view that the intended appeal is arguable but we do not think the same would be rendered nugatory if this application was refused. The parties have the opportunity to raise all the issues relating to jurisdiction during the hearing of contempt application. We would point out that it would be quite appropriate for the learned Judge to hear the arguments on jurisdiction while dealing with contempt applicat…