RULING OF THE COURT
This is an application under rule 5(2)(b) of the Court of Appeal Rules. It is brought by Umoja Service Station Limited, Peter Gakonyo Ndiritu, Naftali W. Njoroge, Joyce M. Gakugi, Samuel A. Kamonjo and Peter N. Muthoga. Hezy John Limited, Anthony Wagura Ikiki, Samuel Gichuhi Kingori, Douglas Kingori Muthua and Peter Gichohi Gitau are named the respondents in the application.
The jurisdiction of the court in an application of this nature is discretionary, which discretion should be exercised judicially. An applicant is obligated to show that his appeal or intended appeal is arguable, and that unless he is granted the orders he seeks the appeal or intended appeal, if successful, will be rendered nugatory. These principles are now well settled.
Apart from Umoja Service Station Limited, which is a Limited Liability Company, all the applicants and all the respondents are either shareholders or legal representatives of shareholders of Umoja Service Station Limited. The disp…