Princess Cab & Car Hire v (Minor & another (Civil Appeal E109 of 2025) [2025] KEHC 17830 (KLR) (29 September 2025) (Ruling) Neutral citation: [2025] KEHC 17830 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT BUNGOMA CIVIL APPEAL E109 OF 2025 MS SHARIFF, J SEPTEMBER 29, 2025 BETWEEN PRINCESS CAB & CAR HIRE .............................................................. APPLICANT AND DORIS WANYAMA (SUING AS NEXT FRIEND OF PW (MINOR) .......................................................................................... 1ST RESPONDENT MARYSTELLA NEKESA .............................................................. 2ND RESPONDENT RULING 1. I have considered the Notice of motion dated 21.8.2025; the affidavit in support thereof sworn by Marystella Nafula Wekesa on even date and the enclosures attached thereto and I have not seen any response by the respondents and I do note that the appellant is ready and willing to offer security by way of depositing the entire decretal sum in a joint interest account of parties’ advocates. Wherefore I allow this application and I make the following orders:i. An order of stay of execution is granted against the Judgement delivered on 2/7/2025 in Kimilili CMCC No. 71 of 2019 until this appeal is heard and determined on condition that: a. The entire decretal sum of Ksh 306,600 plus costs of the Lower court case be deposited in an interest earning joint account of parties advocates within 60 days from the date hereof with a reputable bank. b. In the event of default in compliance with order 1 (a) above the respondent shall be at liberty to execute. c. Each party to bear its own costs. DATED AND DELIVERED AT BUNGOMA THIS 29TH DAY OF SEPTEMBER 2025 https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/17830/eng@2025-09-29 1
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M.S. SHARIFF JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/17830/eng@2025-09-29 2
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