Walter alias Walter Ngugi Kimani v Nyabuto (Civil Appeal (Application) E424 of 2021) [2026] KECA 228 (KLR) (13 February 2026) (Ruling)
- Court
- Court of Appeal
- Case number
- 228
- Citation
- [2026] KECA 228 (KLR)
- Decided
- 13 February 2026
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil Appeal (Application)PostureAppeal from the High Court judgment, with two applications before the Court of AppealCoramB. Thuranira Jaden, Mumbi Ngugi, P. Nyamweya
Holding
The first application is granted, and the security deposit is released to Nyabuto. The second application is dismissed.
Facts
Walter Ngugi Kimani was involved in a car accident on October 26, 2012, which resulted in injuries to Fred Onyoni Nyabuto. Kimani was found liable for the damages and was ordered to pay Kshs.12,983,101.00 in general and special damages.
Issues
- Whether the Court of Appeal has jurisdiction to entertain the application for stay of execution
- Whether the declaratory suit by Kimani against his insurer is pending or has an appeal
Reasoning
The Court of Appeal has no jurisdiction to entertain the first application due to the absence of an appeal or intended appeal. The declaratory suit is pending and not related to the appeal.
Outcome
The first application is granted, and the second is dismissed.
Orders
- Security deposit of Kshs.3,000,000.00 is released to Nyabuto
Remedies
- Costs awarded to Nyabuto
Authorities cited
Cases cited (2)
- Safaricom Limited vs. Ocean View Beach Hotel Limited & 2 Others [2010] KECA 346 (KLR)
- Owners of Motor Vessel “Lilian S” vs. Caltex Oil (Kenya) Ltd, Civil Appeal No. 50 of 1989 [1989] KECA 48 (KLR)
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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