RULING OF THE COURT
By this application dated the 3rd of November, 1998 the defendant seeks, under rule 5(2)(b) of the Rules of this Court, an order for a stay of execution of the Judgment/Decree of the superior court (Lady Justice Nambuye) of 23rd May, 1995 given at Eldoret pending determination of an intended appeal from the said judgment and Decree.
The plaintiff, a Uganda national, whose whereabouts and assets are not known to the applicant, sued the applicant seeking damages arising out of an accident in which he was involved and as a result of which he suffered injuries specified in the plaint. Judgment was entered, by consent, on full liability and the case proceeded for assessment of damages only.
In general, this Court grants a stay if satisfied that the intended appeal is not frivolous and that it will be rendered nugatory if a stay is not granted.
It is contended on behalf of the applicant that the learned judge erred in principle in failing to make a global award and in making…