Case ID:171564

Parties: None

Date Delivered: None

Case Type: None

Court: None

Judges: None

Citation: None

Thomas Mutala Kingoo v Priscilla Mumo Ndunda [2021] eKLR

Case Metadata

Case Number:

Civil Appeal E171 of 2020

Parties:

Thomas Mutala Kingoo v Priscilla Mumo Ndunda

Date Delivered:

04 Mar 2021

Case Class:

Civil

Court:

High Court at Nairobi (Milimani Law Courts)

Case Action:

Ruling

Judge(s):

Amraphael Mbogholi-Msagha

Citation:

Thomas Mutala Kingoo v Priscilla Mumo Ndunda [2021] eKLR

Court Division:

Civil

County:

Nairobi

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

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 7

th

August, 2020.The application was filed on 4

th

September and no inordinate delay has been alleged. The memorandum of appeal dated 14

th

August, 2020 was filed on 17

th

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 4

th

day of March, 2021.

A. MBOGHOLI MSAGHA

JUDGE

Meta Info:

{'Case Number:': 'Civil Appeal E171 of 2020', 'Parties:': 'Thomas Mutala Kingoo v Priscilla Mumo Ndunda', 'Date Delivered:': '04 Mar 2021', 'Case Class:': 'Civil', 'Court:': 'High Court at Nairobi (Milimani Law Courts)', 'Case Action:': 'Ruling', 'Judge(s):': 'Amraphael Mbogholi-Msagha', 'Citation:': 'Thomas Mutala Kingoo v Priscilla Mumo Ndunda [2021] eKLR', 'Court Division:': 'Civil', 'County:': 'Nairobi', 'Disclaimer:': 'The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information'}