STANLEY KAIYONGI MWENDA V. CYPRIAN KUBAI

RULING OF THE COURT

We have listened to Mr. Kirugara for the applicant, and this being an application for stay under Rule 5(2)(b) of the Court's Rules, the applicant must satisfy us that:-

(i)he has an arguable appeal, i.e. an appeal which is not frivolous;

(ii)that unless a stay is granted, the intended appeal, if successful, will be rendered nugatory.

We agree that once a valid objection to the making of a grant is on record, a court should deal with that objection first, whether the objection be valid or invalid. The applicant's main point is that he was not heard on his objection. That would be an arguable point but we see from the record that the Judge was prepared to hear the objection but the conduct of the applicant himself seems to have made it impossible for the Judge to hear the objection in the presence of the applicant. We are not called upon to determine the issue finally, but we are not prepared to say that the point is a particularly arguable one. The other matters raised …