RULING OF THE COURT
The applicant does not challenge the consent order or the
decree arising therefrom. Moreover, she has not appealed from
the ruling and order of O'Kubasu, J delivered on 19th May,
1999 which sought similar orders as those sought befor e
Kuloba, J.
As is well established, the two conditions which the
applicant should satisfy in order to obtain the order she
seeks, are that her intended appeal is not a frivolous one, in
other words, that she has an arguable ground to canvass during
the intended appeal; and secondly, that the intended appeal,
if it succeeds, would be rendered nugatory if stay of the
order of the superior court is not granted. The applicant has
failed to satisfy the first test. We would think that the
intended appeal would be frivolous in that the consent order
did not incorporate an option to choose which title any party
would take. Further, the respondent has not refused to
execute the instruments to facilitate the transfer of the two
properties to the…