TARGET CARRIERS LIMITED (IN RECEIVERSHIP) V. LYNDON D'SOUZA T/A ROAD RUNNER CARRIERS

RULING OF THE COURT

Target Carriers Limited (In Receivership), the applicant, has applied under rule 5(2)(b) of the Court of Appeal Rules (the Rules) that pending the lodging, hearing and determination of an intended appeal there be a stay of execution of the order of the superior court dated 26^th May 2006, in Milimani Commercial Court High Court Misc, Cause No.207 of 2005. In that matter the superior court ordered that motor vehicle registration number KPA 247Y, Trailer ZB 5665 and Steel Tow Bar, be restored to the respondent in this application. We were informed from the bar that the Tow Bar is no longer the subject matter of this litigation and so we will not deal with it.

In an application under rule 5 (2((b) above, the Court, in exercise of its jurisdiction is guided by two well settled broad principles. Firstly, that the applicant must show that its appeal or intended appeal is arguable. Secondly, that unless it is granted a stay or injunction as the case may be, its appeal or int…