Spie Batignolles (K) Ltd v Stanley Aramis Kibet [1993] KECA 34 (KLR)
- Court
- Court of Appeal
- Case number
- 34
- Citation
- [1993] KECA 34 (KLR)
- Decided
- 1 December 1993
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureRespondent's appeal from a judgment entered against themCoramCockar, Omolo, Tunoi
Holding
The respondent should receive Shs 1,000,000/= for medical expenses, and the balance should be placed in an interest-bearing account jointly with the respondent's and the applicant's advocates.
Facts
The applicant applied for a stay of execution of a judgment in the sum of Shs 4,152,640/=, which was entered against the respondent. The respondent is totally paralysed, unemployed, and incapable of earning income.
Issues
- Fair distribution of the judgment amount considering the respondent's financial needs
- Fairness of the order to pay Shs 1,000,000/= to the respondent
Reasoning
Considering the respondent's financial situation and the need for medical expenses, the court decided to allocate Shs 1,000,000/= to the respondent.
Outcome
Appeal allowed
Orders
- Shs 1,000,000/= to be paid to the respondent for medical expenses
- Balance of the judgment to be placed in an interest-bearing account jointly with the respondent's and the applicant's advocates
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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