PAUL OTIENO OMONDI v EVERLINE AOKO NDOLO [2011] KEHC 3414 (KLR)
- Court
- High Court of Kenya
- Case number
- 3414
- Citation
- [2011] KEHC 3414 (KLR)
- Decided
- 7 March 2011
The appeal is dismissed with costs to the Respondent. The application to vary the order of stay of execution is dismissed.
Facts
The Appellant, Paul Otieno Omondi, was found 100% liable in a lower court for an accident on 18th June, 2004 where his vehicle overturned along Kericho/Nakuru road, causing injuries to the Respondent, Everline Aoko Ndolo. The trial court awarded the Respondent Shs. 350,000/= by way of general damages and Shs. 11,950/= as special damages and Shs. 220,000/= as future medical expenses.
Issues
- Whether the judgment and decree should be set aside
- Whether the order of stay of execution should be varied
Reasoning
The court found no merit in the application to vary the order of stay of execution, as the order was not attached, and the appeal is not for setting aside the order for stay under Rule 6(1) of Order 51 of the Civil Procedure Rules 2010. The court also noted that the Appellant did not appeal against the order made by the trial court.
Outcome
Appeal dismissed
Orders
- The appeal is dismissed with costs to the Respondent
- The application to vary the order of stay of execution is dismissed
Authorities cited
Cases cited (1)
- National Industrial Credit Bank V. Aquinas Francis Wasiki (Nbi C.A. Civil Appeal No. 238 of 2005)
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