ROSE OGENDO NYAMUNGA, JOYCE OLWEYA & PAUL OGENDO V. RICHARD B. O. ONSONGO

RULING OF THE COURT

[1] On 27^th February, 2018, the High Court (Maina J) delivered a judgment in which it awarded Richard B. O. Onsongo (herein the respondent) general damages of Kenya Shillings Two Million Five Hundred Thousand (Kshs.2,500,000/=) and aggravated damages of Kenya Shillings Five Hundred Thousand (Kshs.500,000/=). together with costs and interest.

[2] Rose Ogendo Nyamunga, Joyce Olweya and Paul Ogendo (herein 1^st, 2^nd and 3^rd applicants respectively), who were the defendants in the High Court suit, are dissatisfied with the judgment and have filed a notice of appeal. In addition, the applicants have filed a notice of motion dated 25^th April, 2018, in which they seek orders under Rule 5(2)(b), 42(1) and 47(1)&(2) of the Court Rules, as well as section 3(A) of the Appellate Jurisdiction Act, seeking to stay any proceedings further to the judgment of 27^th February, 2018, and all consequent orders flowing there from pending the hearing and determination of the intended appeal.

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