RULING OF THE COURT
1. The Notice of Motion before us, dated 27th July, 2017, is taken out principally under Rule 5(2) (b) of the Court of Appeal Rules (the Rules) wherein the applicant prays for -
i. Stay of execution, implementation and/or operation of the orders issued on 10th February, 2017 and confirmed by the ruling dated 24th July, 2017 in Misc. Cause No. 11 of 2017 pending the lodging, hearing and determination of the intended appeal against the ruling dated 24th July, 2017.
ii. In the alternative, an order of stay of execution of the orders dated 24th July, 2017 allowing the continued implementation of the orders dated 10th February, 2017 sanctioning the reclamation of the Indian Ocean at Makupa Creek and construction works thereon pending the lodging, hearing and determination of the intended appeal against the ruling dated 24th July, 2017.
iii. An injunction be issued to restrain the respondent herein, its servants, agents, employees and/or any other persons acting pursuant t…