RULING OF THE COURT
We have before us an application by way of notice of motion dated 27th day of February 2006 brought by the applicant, Kabundu Holdings Limited and signed by the alleged company attorney and director Mr. Patrick Kabundu in which the applicant is seeking three orders together with an order for costs to be provided for. When the application came up for hearing, the applicant, through its alleged company attorney and director, Patrick Kabundu, perhaps aware of the technical hurdles involved, dropped the first two prayers and pursued only the third and fourth prayers which state as follows:
“3. That I further and/or in the alternative, (sic) there be a stay of execution of the order of the High Court of Kenya at Mombasa of Justice D.K. Maraga dated 6th September, 2005 together with all the consequential orders arising from the said orders pending the lodging, hearing and determination of the applicant’s intended appeal.
4. That of the costs (sic) of this application be pro…