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Kenya Power & Lighting Company Ltd v. George Joseph Kang'ethe & Ella Karwitha Kang'ethe

(2020) JELR 99953 (CA)

Court of Appeal  •  Civil Appeal (Application) E248 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 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), 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 which appeal is arguable; the respondents have already extracted a decree in readiness of execution; that it is willing to furnish security pending the hearing and determination of the appeal as maybe directed by the court; that if execution of the said judgment is not stayed, the appeal will be rendered nugatory; and that in the premises it is only fair and just that there be stay of execution of the impugn…

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