NYAMOGO & NYAMOGO ADVOCATES V. MOSES KIPKOLUM KOGO

RULING OF THE COURT

Nyamodi Willys Nyamogo , practising as Nyamogo and Nyamogo Advocates, the applicant, applies under rule 5 (2) (b) of the Court of Appeal Rules , for stay of execution of the ruling and order of the superior court in its Civil Case No. 1036 of 2000 (O.S) given on 12th October 2000, in which that court ordered him to pay over to Moses Kipkolum Kogo, the respondent, KShs.120,000/- being part of an amount of money which the court thought should have but was not paid over to the respondent pursuant to the decree in Nairobi High Court Civil Case No. 4925 of 1989, in which the respondent was the decree holder.

The respondent as plaintiff in Civil Suit No. 4925 of 1989, engaged the applicant as his counsel in that suit to take over the conduct of the suit from another firm of advocates, which firm had also taken over the conduct of the case from another firm of advocates. In that suit the respondent made a claim for special and general damages for injuries sustained in a roa…