RULING OF THE COURT
Following a fatal road accident in which the deceased died, the respondent instituted a suit in the Chief Magistrate’s court at Meru against the applicants blaming them for the accident. The court found them liable and awarded the respondent Kshs. 1,040,000 in loss of dependency, among other damages.
The applicants’ first appeal to the High Court was dismissed after the learned Judge, (Mrima, J.) found that it had been filed out of time and without leave.
The applicants have now moved this Court praying that we stay execution of the decree as they pursue the appeal. The auctioneers have proclaimed their goods and they are apprehensive that if the stay sought is not granted, they will suffer irreparable loss and the appeal will be rendered nugatory yet they have an arguable appeal.
In his replying affidavit, the respondent has indicated that since the decretal sum was fully settled in 2018 by the respondent’s insurers, this application is moot and serves no purpose as t…