Cap. 418 Art. 42Status of decision or directive pending an appeal before the Tribunal or the Court of Appeal.

(1) The decision of the Authority pending an appeal whether before the Tribunal or the Court of Appeal, shall stand and shall be adhered to by all the parties to whom the decision applies.

(2) The Tribunal or the Court of Appeal, as the case may be, where it considers it to be appropriate, may, on the application of a party to the appeal, suspend in whole or in part the decision which is the subject of the appeal pending the final determination of the appeal.

The Tribunal or the Court of Appeal in deciding whether or not to suspend the decision shall state its reasons and shall take into account all the relevant circumstances, including -

(a) the urgency of the matter,

(b) the effect on the party making the request if the application for suspension is not upheld, and

(c) the effect on competition and, or on end-users if the application is upheld: Provided that a party, in making an application under this article, shall state the factual and legal grounds establishing a prima case for the suspension of the decision. The Tribunal or the Court facie of Appeal, as the case may be, shall on receipt of any such application order the notification thereof to the other party or parties to the appeal affording them reasonable opportunity to make their response thereto:

Provided further that the Tribunal or the Court of Appeal, as the case may be, in determining any such application may include such conditions as it considers necessary in the circumstances.