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David Kirimi Charles (Suing as the legal representative of Abraham Kailemia Ikigu (Deceased) v. Muntu Kirimania Mungania (Suing as legal representative of Doris Kinanu Kirimania (Deceased)

(2019) JELR 102833 (CA)

Court of Appeal  •  Civil Application 207 of 2019  •  27 Sep 2019  •  Kenya

Coram
Daniel Kiio Musinga, Mohammed Abdullahi Warsame, Sankale ole Kantai

Judgement

RULING OF THE COURT

1. This ruling is in respect of an application by the applicant under rules 5(2) (b), 20, 42 and 47 of this Court’s Rules. The applicant seeks an order of stay of execution of the judgment and decree of the High Court at Meru (Mabeya, J.) in Civil Appeal No. 74 of 2014 delivered on 20th June, 2019 directing that the applicant be apprehended forthwith to continue to serve a civil jail term that had been ordered by the magistrates’ court in execution of a decree.

2. The brief ‘background of the matter is that the applicant was sued by the respondent in Meru Chief Magistrates’ Court Civil Suit No. 2624 of 2010 for damages arising out of an accident that occurred on 24th December, 2008. In that accident, Doris Kinanu Kirimania lost her life and her father filed a suit claiming damages. The suit was undefended and the trial court awarded judgment in the sum of Kshs.1,022,350.

3. The appellant was unable to pay the decretal sum and the court ordered his arrest and committal…

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