Thongu t/a Eldoret Express v Olisa (Suing as legal representative of Loreen Jackline Kweno (Deceased) [2024] KEHC 11130 (KLR)

Thongu t/a Eldoret Express v Olisa (Suing as legal representative of Loreen Jackline Kweno (Deceased) (Miscellaneous Civil Application E212 of 2024) [2024] KEHC 11130 (KLR) (19 September 2024) (Ruling)

Neutral citation: [2024] KEHC 11130 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Civil Application E212 of 2024

MS Shariff, J

September 19, 2024

Between

Simon Mbugua Thongu T/A Eldoret Express

Applicant

and

Ann Kwendo Olisa (Suing as legal representative of Loreen Jackline Kweno (Deceased)

Respondent

Ruling

1. I have considered the Applicant’s notice of motion dated 25. 4.2024, the affidavit in support thereof sworn on even date by Christine Musando advocate and the enclosures therein. I have also considered the oral submissions of parties’ advocates and I do hereby allow the application and I make the following orders:-1. The Applicant is granted leave to file an appeal against the judgment in Kisumu CMCC No. E051 of 2023: Ann Kwendo v Simon Mbugua Thongu within 3 days from the date hereof.2. An order of stay of execution of the judgment delivered on 28. 3.2024 in Kisumu CMCC No. E051 of 2023: Ann Kwendo v Simon Mbugua Thongu t/a Eldoret Express is hereby granted until the intended appeal is heard and determined on condition that the Applicant do deposit in a joint interest earning account of parties’ advocates the sum of KShs.3,484,432 within 45 days from the date hereof.3. In the event of default in compliance with order 2 hereinabove, the stay orders shall automatically lapse and the Respondent shall be at liberty to execute.4. The Applicant is directed to file the record of appeal within 7 days from the date hereof.5. This file is marked as closed.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 19TH DAY OF SEPTEMBER, 2024. M. S. SHARIFFJUDGE