EXPRESS KENYA LIMITED & ALI BAKARI ALI vs M. M. J. KISOSO [2000] KECA 236 (KLR)
- Court
- Court of Appeal
- Case number
- 236
- Citation
- [2000] KECA 236 (KLR)
The court granted a stay of execution of the decree in favor of the respondent, with the decretal amount minus the special damages for the replacement of the respondent's damaged car to be deposited in an interest-bearing bank account in the joint names of the advocates of the applicant and the respondent.
Facts
The applicants (Express Kenya Limited and Ali Bakari Ali) applied for a stay of execution of a High Court judgment in favor of the respondent (M. M. J. Kisoso) in a road accident case. The applicants claimed that the respondent is not a man of straw and that some claims for special damages were not specifically pleaded.
Issues
- Whether the respondent is a man of straw
- Whether claims for special damages were specifically pleaded
Reasoning
The court was not convinced that the respondent is a man of straw and that the claims for special damages were not specifically pleaded.
Outcome
Stay of execution granted
Orders
- The decretal amount minus the special damages for the replacement of the respondent's damaged car to be deposited in an interest-bearing bank account in the joint names of the advocates of the applicant and the respondent
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