Eyanai & another v Yebei [2023] KEHC 26365 (KLR)

Eyanai & another v Yebei (Civil Appeal E011 of 2023) [2023] KEHC 26365 (KLR) (7 December 2023) (Ruling)

Neutral citation: [2023] KEHC 26365 (KLR)

Republic of Kenya

In the High Court at Kapsabet

Civil Appeal E011 of 2023

JR Karanja, J

December 7, 2023

Between

Ekale Morris Eyanai

1st Appellant

Titus Kibiwot

2nd Appellant

and

Paul Kepkemi Yebei

Respondent

Ruling

1. The application dated 22nd June, 2023 is for stay of execution pending the hearing and determination of the appeal against the judgment and decree of the lower court in Kapsabet PMCC NO. E63 of 2021 featuring the Applicants/ Appellants as the defendant and the Respondent as the Plaintiff.The impugned judgment was delivered in favour of the Respondent on 23rd May 2023 with an award of damages in the sum of Kshs. 737,250/- made up of Kshs. 700,000/- general damages and 37,250 special damages.Being aggrieved, the Appellants preferred the seven (7) grounds of appeal set out in the memorandum of appeal filed herein on 9th June, 2023 praying for the setting aside of the impugned judgment. In the meantime, the Appellants filed the present application.

2. However, the appeal although duly filed is yet to be admitted to hearing and direction taken with regard to a hearing date and mode of hearing. In the circumstances, the present application is rendered premature for the purposes of the orders sought and it is tantamount to putting the cart before the horse.The Application must therefore and is hereby struck out and dismissed with liberty being granted to the Applicants to file a fresh similar application upon admission of the main appeal to hearing if the need arises.Otherwise, the Respondent shall have the costs of the application.Ordered accordingly.

DATED AND DELIVERED THIS 7TH DAY OF DECEMBER, 2023J. R. KARANJAH,JUDGE