I have read the applicant's application dated 8 April 2025 filed under a certificate of urgency of even date. The application is certified urgent. In view of the impending Easter recess, the application shall be heard inter partes on 23 July 2025. As far as the order for stay of execution is concerned, I note from the memorandum of appeal that all that has been disputed is quantum under the heads of pain and suffering, loss of earning capacity, and future medical expenses. However, as much as the award under the head of pain and suffering has been disputed, I note from the impugned judgment the following paragraph:
"35. On his part, learned defence counsel submitted that an award of between Kshs. 2,000,000/= and Kshs. 3,000,000/= would be sufficient compensation as general damages for pain and suffering."
Except for the award under the head of future medical expenses, the award of special damages has not been contested. At paragraph 61 of the judgment, the learned magistrate held as follows with respect to special damages:
"61. In the premises, the plaintiff's claim for special damages for Kshs. 2,000/= for the medical report, Kshs 67,508/= for medical expenses and Kshs. 550/= for the motor vehicle search totaling to Kshs. 70,058/= which was specifically pleaded and strictly proved are allowed."
Taking all these factors into consideration, stay of execution is granted on the following conditions:
1. The sum of Kshs. 3,070, 058 is paid forthwith to the respondent and in any event not later than thirty days from the date of this ruling.
2. Half of the balance of the decretal sum, being security for the performance of the decree, is paid into an interest-earning bank account in the joint names of the representatives of the appellant and the respondent, respectively within 60 days of the date of this ruling.
Orders accordingly.