SWALEH BREKI ISLAM & MASH BUS SERVICE LIMITED V. WINFRED MUTHEU KIAMUKO & TITUS MAUNDU NZAMBU

RULING OF THE COURT

Before us is an application by way of a Notice of Motion taken out under Rule 3(2) and (3) 5(2) (b), Rule 41 Rule 42, Rule 47, Rule 75 of the Court of Appeal Rules

and section 3(3) of the Appellate Jurisdiction Act. The applicants Swaleh Breki Islam and Mash Bus Services Limited substantively seek an order of stay of execution pending the hearing and determination of their appeal.

The application is founded on the grounds in the body of the motion, the content of the supporting affidavit of Mrs. Susan Wakiaga deposed on the 10^th day of April, 2014 and oral submissions to court.

The brief background as gleaned from the paperwork before us is that, the respondents filed a fatal accident claim against the applicants vide Machakos HCCC No. 130 of 2009 Winfrida Mutheu Kiamuko and another versus Swaleh Breki Islam and another. A consent judgment was entered into between the parties apportioning liability at 80% as against the applicants and 20% as against the respondents. Ju…