RULING OF THE COURT
1. In its application dated 12th February 2020 presented under Section 3A and 3B of the Appellate Jurisdiction Act and Rule 5(2)(b) of the Court of Appeal Rules, the applicant seeks an order that: pending the hearing and determination of its intended appeal against a ruling of the High Court at Machakos (G.V. Odunga, J.) delivered on 3rd February 2020, there be a stay of execution of the judgment of the Magistrates’ Court at Kitui delivered on 15th August 2018 in CMCC No. 61 of 2017 in which that court awarded the respondent general and special damages of Kshs.3,500,000.00 as compensation for personal injuries sustained in a road traffic accident.
2. The background, in brief, is that the applicant intended to appeal to the High Court against the judgment of the Magistrates’ Court given on 15th August 2018, but it did not do so within the time required. It then filed an application before the High Court on 6th November 2018 seeking an order of stay of execution of the…