IL NWESI COMPANY LIMITED, LEWA WILDLIFE CONSERVANCY LIMITED & IAN HAMISH CRAIG V. WENDY MARTIN

RULING OF THE COURT

The three applicants in the motion dated 16^th December, 2010, seek one substantive order under rule 5 (2) (b) of the rules of this Court in the following terms: -

“2. That the judgment and decree of the superior court in civil Suit No. 513 of 2003 made on the 28^th of November, 2008 by Ang’awa J against the applicants jointly and severally on quantum, are hereby stayed pending the lodging, hearing and determination of the applicant’s intended appeal.”

There are well established guiding principles in the exercise of this Court’s discretion under rule 5 (2) (b). The applicant ought to show, firstly, that the intended appeal is arguable even on a solitary issue, and it will be arguable if it is not frivolous. Secondly, and in addition, the applicant ought to show that unless the order sought is granted, the success of the intended appeal would be rendered nugatory. Those are the principles which learned counsel for the applicants, Mr. Mohamed Nyaoga appearing with Ms. Wan…