<p class="ql-align-center">RULING OF THE COURT</p><p>This is an application by Notice of Motion under <em>rules 1(2)</em> and <em>5(2)(b)</em> of the Court of Appeal Rules <em>(“the Rules”)</em> seeking, pending the hearing and determination of Nairobi Civil Appeal No. 271 of 2005, a stay of execution of the judgment and decree of the superior court (Emukule J.) dated 13^th April 2005 in H.C.C.C. No. 1938 of 2000. In that suit the applicant herein, Paul Odhiambo Edward Gondi (hereinafter<em>“Gondi”</em>) was the plaintiff. The defendant and respondent herein is the National Bank of Kenya (hereinafter “the <em>Bank”</em>).</p><p>It is now well settled that the original and discretionary jurisdiction bestowed upon this Court by <em>rule 5(2)(b</em>) of the Rules requires us to satisfy ourselves that the intended appeal is arguable or, in other words, not frivolous. Secondly, we need to consider whether, if the appeal is granted, it is likely that the appeal will be rendered nugatory if no injunction and/or stay were to be granted.</p><p>The Memorandum of Appeal filed by the Bank contains…</p>