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Kenya Power & Lighting Co. Ltd v. Kigaita Ngare Unduthu & 36 others

(2020) JELR 99961 (CA)

Court of Appeal  •  Civil Application 175 of 2019  •  4 Dec 2020  •  Kenya

Coram
Martha Karambu Koome, William Ouko, Stephen Gatembu Kairu

Judgement

RULING OF THE COURT

A dispute over the use of the respondents’ land by the applicant was resolved by the magistrate’s court in Nyahururu C.M.C.C. Suit No. 256 of 2006 where the court awarded to each of the respondents a sum of Ksh 300,000. The applicant’s application before the Chief Magistrate for stay of execution was rejected.

Intending to appeal that decision to the Environment and Land Court, the applicant sought, in the meantime, an order of stay in that court. The learned Judge (Oundo, J.), before whom the application was placed, found no merit in it and dismissed it.

Again, dissatisfied, the applicant lodged a notice of appeal evincing an intention to appeal to this Court.

In the meantime, however, it has taken out an amended notice of motion for injunction under Rule 5(2)(b) arguing, in support of the two principles that have to be satisfied under the rule, that the amount in excess of Ksh 14,029,157 that it is required to pay the respondents is colossal, and if paid over to the …

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