RULING OF THE COURT
By a notice of motion dated 26th January, 2017 ICEA LION GENERAL INS. CO. LTD (the applicant) seeks inter alia orders for stay of proceedings and/or further proceedings in a myriad of cases filed at the Principal Magistrates Court in Ogembo as well as a stay against any other matter or suits that are likely to be instituted as a result of the accident that occurred on 10th July, 2013 involving motor vehicle registration number KBT 580N pending the hearing and determination of the intended appeal. The applicant had filed a suit before the superior court against THE BOARD OF GOVERNORS, RIOMA MIXED SECONDARY SCHOOL (1st respondent), wherein it had sought a declaration that it was not liable to settle claims arising from the aforementioned accident.
Briefly, the facts leading up to this appeal are that the applicant had comprehensively insured the 1st respondent’s motor vehicle registration number KBT 580N under policy number 980-A1-118482-13. On 10th July, 2013 the resp…