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Kenya Electricity Transmission Company Limited (Ketraco) v. George Ngwena Obonyo & Peter Chieng' Opiyo

(2020) JELR 100062 (CA)

Court of Appeal  •  Civil Appeal (Application) 142 of 2018  •  4 Dec 2020  •  Kenya

Coram
Martha Karambu Koome, Roselyn Naliaka Nambuye, Patrick Omwenga Kiage

Judgement

RULING OF THE COURT

1. UPON perusing the Notice of Motion dated 21st November 2019 by the appellant/applicant brought under Article 159 and 164(3) of the Constitution of Kenya, sections 3A and 3B of the Appellate Jurisdiction Act Cap 9 Laws of Kenya (L.O.K), Rules 1(2), 5(2)(b) of the Court of Appeal Rules and all other enabling provisions of the law, seeking an order that pending hearing and determination of the appeal in Civil Appeal No. 142 of 2018 between Kenya Electricity Transmission Company Limited (KETRACO) and George Ngwena Obonyo and Peter Ochieng Opiyo before this Court, a stay of the proceedings in Kisumu Chief Magistrate’s Court CMELC No. 252 of 2018 between George Ngwena Obonyo and Peter Ochieng Opiyo v. Kenya Electricity Transmission Company Limited (KETRACO); an order that this Court be pleased to make such further and or other orders as it may deem just, fair, reasonable and appropriate in the circumstances to expedite the hearing of Civil Appeal No. 142 of 2018 betwee…

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