PRAHLAD BHOGAITA, BHUPENDRA M. SHAH, KAMAL SANGHANI & NASEEM KAUSAR V. MINISTER FOR FINANCE & KENYA REVENUE AUTHORITY

RULING OF THE COURT

This is an application under rule 5 (2) (b) of the Court of Appeal Rules, for stay of an order of the superior court in its Misc. Civil Case No. 373 of 2006. The applicants are Prahlad Bhogaita, Bhupendra M. Shah, Kamal Sanghani and Naseem Kausar, described as Chairman, Assistant Chairman, Secretary and Treasurer, respectively of United Business Association, and suing for and on behalf of United Business Association. That the application is brought in a representative capacity has been challenged, but the issue is not available for consideration this not being an appeal.

It is now well settled, and we need not cite any authority on this that for an applicant to succeed in an application under rule 5(2) (b) he must first show his appeal or intended appeal, as the case may be, is arguable or as others would say, it is not frivolous. Secondly, that if that appeal or intended appeal will be rendered nugatory, if it were to eventually succeed, unless he, the applicant is …