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ROSE OGENDO NYAMUNGA & 2 OTHERS
V.
RICHARD B. O. ONSONGO

(2018) JELR 93835 (CA)

Court of Appeal 7 Dec 2018 Kenya
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Case Details

Suit Number:Civil Application 44 of 2018
Judges:Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed
Location:Kisumu
Other Citations:Rose Ogendo Nyamunga & 2 others v. Richard B. O. Onsongo [2019] eKLR

RULING OF THE COURT

[1] On 27th February, 2018, the High Court (Maina J) delivered a judgment in which it awarded Richard B. O. Onsongo (herein the respondent) general damages of Kenya Shillings Two Million Five Hundred Thousand (Kshs.2,500,000/=) and aggravated damages of Kenya Shillings Five Hundred Thousand (Kshs.500,000/=). together with costs and interest.

[2] Rose Ogendo Nyamunga, Joyce Olweya and Paul Ogendo (herein 1st, 2nd and 3rd applicants respectively), who were the defendants in the High Court suit, are dissatisfied with the judgment and have filed a notice of appeal. In addition, the applicants have filed a notice of motion dated 25th April, 2018, in which they seek orders under Rule 5(2)(b), 42(1) and 47(1)&(2) of the Court Rules, as well as section 3(A) of the Appellate Jurisdiction Act, seeking to stay any proceedings further to the judgment of 27th February, 2018, and all consequent orders flowing there from pending the hearing and determination of the intended appeal.

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