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Kenya Pipeline Company Limited v. Francis Mwendwa Titus

(2020) JELR 100001 (CA)

Court of Appeal  •  Civil Application 173 of 2019  •  24 Jan 2020  •  Kenya

Coram
Hannah Magondi Okwengu, William Ouko, Fatuma sichale

Judgement

RULING OF THE COURT

The applicant, Kenya Pipeline Company Limited (KPC) filed a notice of motion application dated 12th June, 2019 seeking the following orders:

“(i) that this Honourable Court be pleased to grant an order of stay of execution of the judgment of the Hon. Lady Justice Hellen Wasilwa delivered on 28th February, 2019, in Nairobi ELRC petition No. 139 of 2016 pending the lodgment, hearing and determination of the intended appeal by the applicant herein.

(ii) that the costs of and incidental to this application be costs in the intended appeal”

In the motion, Francis Mwendwa Titus was named as the respondent. The applicant’s motion was supported by an affidavit dated 12th June, 2019 sworn by Jane Joram, the applicant’s Corporation Secretary. In the deposition (which contained submissions rather than averments), she stated that following a petition filed by the respondent in the ELR Court, Wasilwa, J in a judgment dated 28th February, 2019, reinstated the respondent “... with bac…

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