TRANSWORLD SAFARIS (K) LIMITED V. BHASKER SOMABHAI PATEL & PUSH HIRABHAI PATEL (SUING AS PERSONAL REPRESENTATIVE OF THE ESTATE OF NEKEEN SOMABHAI PATEL)

RULING OF THE COURT

We have before us an application by way of notice of motion dated 7^th November, 2005, brought under rule 5(2) (b) of the Rules of this Court in which the applicant, Transworld Safaris (K) Limited, is seeking orders as follows: -

“1. That this Honourable Court be pleased to an order (sic) for stay of execution of the decree from the judgment of the High Court at Nairobi in Civil Case No. 1221 of 2001, pending the hearing of an appeal from the said decision in the Court of Appeal.

2. That costs of the application be provided for.”

The application is made on the grounds that the applicant has an arguable appeal, the notice of appeal of which has already been filed and which it seeks to be heard and determined before the decree from the judgment of the superior court is executed; that the applicant stands to suffer substantial loss if the decree issued in the superior court is executed and that the appeal may be rendered nugatory if execution of the decree from the superio…