Thomas Mutala Kingoo v Priscilla Mumo Ndunda [2021] KEHC 8820 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

CIVIL APPEAL NO. E171 OF 2020

THOMAS MUTALA KINGOO ....................... APPELLANT

VERSUS

PRISCILLA MUMO NDUNDA ................... RESPONDENT

RULING

This is an application for stay of execution of the lower court judgment.  The respondent has a judgment in her favour against the applicant.  This judgment was delivered on 7th August, 2020. The application was filed on 4th September and no inordinate delay has been alleged.  The memorandum of appeal dated 14th August, 2020 was filed on 17th August, 2020.

The application is opposed and there are grounds of opposition filed on behalf of the respondent. The intended appeal is against quantum of damages.  The lower court awarded Kshs. 400,000/= general damages less 10 % liability and Kshs. 3550/= special damages plus costs and interest.

I have looked at the submissions by both parties.  If the appeal succeeds the award will be reduced but not entirely struck out.  The order that commends itself is that there shall be a stay of execution provided that the applicant shall pay the respondent Kshs. 200,000/= and the balance of the decretal sum shall be deposited in an interest earning account in the names of the advocates appearing for the parties within 30 days from the date of this ruling.  The costs shall abide by the decision of the appeal.

Dated, signed and delivered at Nairobi this 4th day of  March, 2021.

A. MBOGHOLI MSAGHA

JUDGE