ZINGO INVESTMENT LIMITED V. MIEMA ENTERPRISES LTD

RULING OF THE COURT

This being a motion asking the Court for an order of stay of execution, the applicant, Zingo Investments Ltd, was required to satisfy the Court that its appeal, which has already been filed, is an arguable one and that unless we grant to the applicant the order of stay it seeks, its already filed appeal, were it to succeed in the end and we refuse to grant the stay sought, the success of the appeal would have been rendered nugatory. For the purposes of this ruling, we assume in favour of the applicant that it has an arguable appeal and we need not go into the details of the arguments which were presented before us by Mr. Muriithi, learned counsel for the applicant, and Mr. Meenye, learned counsel for the respondent, Miema Enterprises Ltd. Accordingly, we shall only deal with the second aspect of the two requirements, namely that were we to refuse to grant an order of stay now and the applicant’s pending appeal were to eventually succeed, that success would have been…