EAST AFRICAN POWER MANAGEMENT LIMITED V. OWNERS OF THE VESSEL €ŒVICTORIA EIGHT

RULING OF THE COURT

The applicant herein, East African Power Management Limited, asks us under Rule 5 (2) (b) of this Court’s Rules to grant to it the following orders:-

“1. THAT the execution of the orders made by the superior court on the 24^th day of July, 2009 be stayed pending the hearing and determination of the intended appeal therefrom.

2. THAT this Honourable Court be pleased to order that the status quo that existed between the parties prior to the ruling dated 24^th July, 2009 be maintained by the Respondent until the hearing and determination of the intended appeal.

3. THAT the proceedings in the superior court Admiralty claim No. 13 of 2005 be stayed pending the hearing and determination of the intended appeal therefrom.”

The application is brought on the following grounds:-

“1. In the absence of the aforesaid orders the said intended appeal will be rendered nugatory.

2. There are several substantial issues of fact and law to be determined in the intended appeal and the same is an…