Vide judgement delivered on 18th December 2024 in Migori CMCCC No.189 of 2022 the Appellant (1st Defendant ) in the trial court was ordered to to compensate the 1st Respondent for pain and suffering at Kshs. 20,000/=;
Loss of expectation of life at Kshs. 100,000/=;
Loss of dependency at Kshs. 4,037,880/= and
Special damages at Kshs. 35,000/=
The Appellant being dissatisfied with the judgement and orders of the trial court preferred an appeal before this court vide a Memorandum of Appeal dated 15th January 2025 concurrently with application dated 5th February 2025 seeking orders of stay of execution.
Parties attempted to settle the application out of court but were not successful. The Respondent’s Counsel opposed the application vide Replying Affidavit sworn by the 1st Respondent on 16th February 2025 and averred that the Applicant should meet the conditions for grant of orders of stay by the Applicant depositing half the decretal sums as averred in the supporting affidavit so that his interests are protected. The Respondent averred that he was a rice farmer and capable of refunding the decretal sums in event the appeal is successful.
When attempts to settle the application out of court failed directions were taken for hearing of the application by way of written submissions.
The Applicant’s Counsel filed submissions dated 25th February 2025 in support of the application whereas the Respondent filed submissions dated 24th February 2025. Both submissions have been considered by this court which is of the view that the amount of decretal sums is so substantial that failing to preserve it might render the appeal nugatory and the Respondent may not be in a position to refund the same without difficulties. In the circumstances the orders of stay are hereby granted on condition that half the decretal sums are deposited in a joint interest earning account in the joint names of the Advocates on record for the parties within 30 days of the date of the ruling herein.
The appeal herein to be mentioned on 3rd November 2025 to confirm Records of Appeal have been filed and served and for directions of the hearing of the appeal.
Parties herein to bear their own costs.
Orders Accordingly.
Signed dated and delivered at Migori this 5th day of June, 2025.
Loss of expectation of life at Kshs. 100,000/=;
Loss of dependency at Kshs. 4,037,880/= and
Special damages at Kshs. 35,000/=
The Appellant being dissatisfied with the judgement and orders of the trial court preferred an appeal before this court vide a Memorandum of Appeal dated 15th January 2025 concurrently with application dated 5th February 2025 seeking orders of stay of execution.
Parties attempted to settle the application out of court but were not successful. The Respondent’s Counsel opposed the application vide Replying Affidavit sworn by the 1st Respondent on 16th February 2025 and averred that the Applicant should meet the conditions for grant of orders of stay by the Applicant depositing half the decretal sums as averred in the supporting affidavit so that his interests are protected. The Respondent averred that he was a rice farmer and capable of refunding the decretal sums in event the appeal is successful.
When attempts to settle the application out of court failed directions were taken for hearing of the application by way of written submissions.
The Applicant’s Counsel filed submissions dated 25th February 2025 in support of the application whereas the Respondent filed submissions dated 24th February 2025. Both submissions have been considered by this court which is of the view that the amount of decretal sums is so substantial that failing to preserve it might render the appeal nugatory and the Respondent may not be in a position to refund the same without difficulties. In the circumstances the orders of stay are hereby granted on condition that half the decretal sums are deposited in a joint interest earning account in the joint names of the Advocates on record for the parties within 30 days of the date of the ruling herein.
The appeal herein to be mentioned on 3rd November 2025 to confirm Records of Appeal have been filed and served and for directions of the hearing of the appeal.
Parties herein to bear their own costs.
Orders Accordingly.
Signed dated and delivered at Migori this 5th day of June, 2025.