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Jubilee Hauliers Ltd, Vapul Patel & David Kimosbei Kemei v. Brian Muchiri Waihenya

(2017) JELR 100509 (CA)

Court of Appeal  •  Civil Application 93 of 2017  •  27 Sep 2017  •  Kenya

Coram
George Benedict Maina Kariuki, Sankale ole Kantai, Fatuma sichale

Judgement

RULING OF THE COURT

The Applicants JUBILEE HAULIERS LTD, VAPUL PATEL and DAVID KIMOSBEI KEMEI filed a Notice of Motion dated 3rd August, 2012 and sought several orders including an order:-

“That pending hearing and determination of the Appeals preferred herein, there be stay of execution of Justice J.N. Mulwa’s judgment in Nakuru HCCC No. 34 of 2014 delivered on 4th May, 2017 and her subsequent ruling delivered on 27th July, 2017 in the same cause.”

The application was supported by the affidavit of JANEROSE GITONGA, the Senior Legal Officer at FIRST ASSURANCE CO. LTD sworn on 3rd August, 2017. In her affidavit, she deposed that the respondents filed Nakuru HCCC No. 34 of 2014 which was subsequently heard by Mulwa, J; that in the judgment delivered on 4th May, 2017, the applicants were held to be 100% liable for the accident that occurred on 8th February 2014; that the respondent was awarded “a colossal amount of Ksh.28,925,844.00”; that the applicants filed an application for stay at the…

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