Pine Tree Agencies Limited & another v Lucy Chemwetich [2015] KEHC 1290 (KLR)
- Court
- High Court of Kenya
- Case number
- 1290
- Citation
- [2015] KEHC 1290 (KLR)
- Decided
- 12 November 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a decree of the Resident MagistrateCoramMr. R. Wafula, Mr. J. Kemboi
Holding
A conditional stay of execution of the decree is granted, with the appellants paying half of the awarded damages and depositing the balance in an interest-earning account pending the appeal.
Facts
The respondent sued the appellants for negligence, and the parties agreed on liability at a ratio of 90% to 10%. The learned trial magistrate awarded the respondent Kshs 900,000 in general damages and Kshs 31,012 in special damages.
Issues
- assessment of general damages
- award of special damages
- stay of execution pending appeal
Reasoning
The court considers the appeal arguable and the respondent's inability to refund the decretal sum if the appeal is successful. A full stay would prejudice the respondent, so a partial stay is granted.
Outcome
Appeal granted
Orders
- Appellants to pay Kshs 420,506 to the respondent within 30 days
- Appellants to deposit balance in an interest-earning account within 30 days
- Appellants to file record of appeal and set down appeal for directions within 90 days
- Costs of motion to be in the appeal
Remedies
- Conditional stay of execution pending appeal
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules 2010
Cases cited (2)
- MDC Holdings limited and others v J.P. Machira Nairobi, Court of Appeal, Civil Appeal Nai 7 of 2002 (unreported)
- Butt v Rent Restriction Tribunal [1982] KLR 417
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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