LYDIA MATHIA V. NAISULA LESUUDA & INDEPENDENT ELECTORAL & BOUNDARIES COMMISSION

RULING OF THE COURT

This application for provision of further security for costs is brought under Rules 42, 47, 107(3) of the Court of Appeal Rules 2010. It seeks orders that the appellant do provide further security for costs of the appeal in the aggregate sum of shs. 6,000,000/- or such other sum to be approved within 30 days; that the appeal be stayed pending the deposit of security and alternatively, in default of provision of further security, the petition be struck out with costs.

The application was filed three days before the scheduled date for the hearing of the appeal on 25^th November, 2013. The applicant is the 1^st respondent in the appeal.

On the hearing date of the appeal, Mr. Kanjama learned counsel for the applicant applied that the application be heard before the appeal. The respective counsel for the appellant and the 2^nd respondent in the appeal having no objection, it was ordered by consent that the application be heard before the appeal although it was not listed for …