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Kenya Power & Lighting Company Ltd v. Eunice Nkirote Ringera

(2020) JELR 99954 (CA)

Court of Appeal  •  Civil Appeal (Application) E247 of 2020  •  18 Dec 2020  •  Kenya

Coram
Roselyn Naliaka Nambuye, Wanjiru Karanja, Milton Stephen Asike Makhandia

Judgement

RULING OF THE COURT

Before us is a motion on notice dated 20th August, 2020 in which the applicant prays for stay of execution of the judgment and decree of the Environment and Land court (C. Ochieng, J.) dated 27th July, 2020 pending the hearing and determination of this application and the intended appeal.

The application is brought under Rule 5(2) (b) of the Court of Appeal Rules, Orders 42 Rule 6(4), and 51 Rule 1 of the Civil Procedure Rules and Section 3A of the Appellate Jurisdiction Act. It is premised on the grounds that: the applicant has preferred an appeal against the impugned judgment and decree which appeal is competent and has appreciable chances of success; the respondent has already extracted a decree and she is at liberty to execute the same at any time; the applicant is willing to furnish security pending appeal as maybe directed by the court; that if execution of the said judgment and decree is not stayed, the appeal will be rendered nugatory; and that in the premiseā€¦

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