Thongu t/a Eldoret Express v Olisa

Thongu t/a Eldoret Express v Olisa (Suing as legal representative of Loreen Jackline Kweno (Deceased) (Miscellaneous Civil Application E212 of 2024) [2024] KEHC 11130 (KLR) (19 September 2024) (Ruling) Neutral citation: [2024] KEHC 11130 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISUMU MISCELLANEOUS CIVIL APPLICATION E212 OF 2024 MS SHARIFF, J SEPTEMBER 19, 2024 BETWEEN SIMON MBUGUA THONGU T/A ELDORET EXPRESS .................. APPLICANT AND ANN KWENDO OLISA (SUING AS LEGAL REPRESENTATIVE OF LOREEN JACKLINE KWENO (DECEASED) ................................................... RESPONDENT RULING 1. I have considered the Applicant’s notice of motion dated 25.4.2024, the affidavit in support thereof sworn on even date by Christine Musando advocate and the enclosures therein. I have also considered the oral submissions of parties’ advocates and I do hereby allow the application and I make the following orders:1. The Applicant is granted leave to file an appeal against the judgment in Kisumu CMCC No. E051 of 2023: Ann Kwendo v Simon Mbugua Thongu within 3 days from the date hereof. 2. An order of stay of execution of the judgment delivered on 28.3.2024 in Kisumu CMCC No. E051 of 2023: Ann Kwendo v Simon Mbugua Thongu t/a Eldoret Express is hereby granted until the intended appeal is heard and determined on condition that the Applicant do deposit in a joint interest earning account of parties’ advocates the sum of KShs.3,484,432 within 45 days from the date hereof. 3. In the event of default in compliance with order 2 hereinabove, the stay orders shall automatically lapse and the Respondent shall be at liberty to execute. 4. The Applicant is directed to file the record of appeal within 7 days from the date hereof. 5. This file is marked as closed. https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/11130/eng@2024-09-19 1

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