R U L I N G
Before me is a notice of motion dated the 7th day of January, 2019 and filed on the 10th January, 2019. It is premised on Rule 4, 5(2)(b),41, 75(1) of the Court of Appeal Rules (CAR), Order 43 of the Civil Procedure Rules (CPR) and all other enabling provisions of the law. Five reliefs are sought inclusive of an attendant prayer for costs. Prayer 1 is spent. Prayer 3 and 4 dealing with stay of execution of the decree and purportedly premised on Rule 5(2) (b) of the CAR can only be anchored on a valid notice of appeal. There is none in place, hence the applicant’s application for capacitation to initiate the intended appellate process. In this regard, the citing of the said Rule 5 (2) (b) together with prayer 3 and 4 sought thereunder is therefore premature. They also do not fall for consideration by a single Judge. They are accordingly struck out.
Order 43 (CPR), simply makes provision for the category of orders appealable from the High Court to this Court as of right and th…