[2020] KEHC 2710 (KLR)
The court found that since liability had been consented to at 75:25 in favour of the respondents and only the quantum was in dispute, it was fair and just to allow a stay of execution on condition that a substantial portion of the decretal sum be paid to the respondents. The court accepted the respondents' proposal...
Source-derived case information.
- Citation
- [2020] KEHC 2710 (KLR)
- Parties
- Appellant: Wanyonyi Danson Lukiya alias Danson Wanyonyi; Respondent: Onesmus Sillah Kikuvi; Respondent: Anastacia Wayua Sila (suing as the legal representative of the estate of Boniface Muinde Sila)
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Civil Case 13 of 2020
- Procedural Posture
- Stay Application / Ruling on Application for Stay of Execution Pending Appeal
- Outcome
- Application for stay of execution allowed on condition of partial payment to respondents.
- Legal Topics
- Stay of Execution, Decretal Sum, Road Accident Claims, Estate Compensation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wanyonyi Danson Lukiya alias Danson Wanyonyi
Appellant
Onesmus Sillah Kikuvi
Respondent
Anastacia Wayua Sila (suing as the legal representative of the estate of Boniface Muinde Sila)
Respondent
Procedural Posture
Stay Application / Ruling on Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether a stay of execution should be granted pending appeal.
- 2 What portion of the decretal sum should be paid to the respondents as a condition for stay.
Ratio Decidendi
The court found that since liability had been consented to at 75:25 in favour of the respondents and only the quantum was in dispute, it was fair and just to allow a stay of execution on condition that a substantial portion of the decretal sum be paid to the respondents. The court accepted the respondents' proposal for immediate payment of Kshs.1,600,000 out of the amount deposited in court, with the balance to await the outcome of the appeal. This approach balances the interests of both parties: securing the respondents' entitlement to damages while preserving the applicant's right of appeal.
Court Disposition
Application for stay of execution allowed on condition of partial payment to respondents.
Orders
- The respondents are to be immediately paid Kshs.1,600,000 through their counsel out of the amount deposited in court.
- The appeal is to be expedited.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MAKUENI
CIVIL CASE NO. 13 OF 2020
WANYONYI DANSON LUKIYA alias
DANSON WANYONYI............................APPELLANT/APPLICANT
-VERSUS-
ONESMUS SILLAH KIKUVI
ANASTACIA WAYUA SILA
(Suing as the legal representative
of the estate of BONIFACE MUINDE SILA............RESPONDENT
RULING
1. The appeal herein arises from the Judgment in Tawa SRM’s Civil Case No. 128 of 2019 where the Respondent was awarded Kshs.2,956,867/= with interest and costs of the suit.
2. The application dated 12th March 2020 seeks stay of execution pending the hearing of the appeal.
3. The Applicant deposited the sum of Kshs.2,956,867/= in court on 15th May 2020 following this court’s orders of 16th March 2020.
4. The documents before this court show that liability had been consented to by the parties at 75:25 in favour of the Respondents. It follows that the Respondents are entitled to payment of damages.
5. It is only the amount that is contested.
6. This court had requested the parties to agree on how much of the decretal sum would be paid to the Respondents pending the hearing of the appeal as a condition of the grant of the stay of execution. The Respondent’s counsel sent a proposal to the
Applicant but the latter never responded. (The email was copied to the court).
7. The matter before the lower court involved claims in respect of the estate of a person who died in a road accident.
8. I have perused and considered the proposal by the Respondents and I find it to be fair.
9. I therefore allow prayer No. 3 of that application dated 12th March 2020on condition that:
i. The Respondents are immediately paid Kshs.1,600,000/= through their counsel out of the amount deposited in court.
ii. The appeal to be expedited
Costs in cause
Delivered, signed & dated this 6th day of October 2020, in open court at Makueni.
..........................
H. I. Ong’udi
Judge
Ruling to be sent to both counsel electronically.