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Kenya Power & Lighting Company Ltd v. Joseph Nzyoki Mwanthi

(2020) JELR 99952 (CA)

Court of Appeal  •  Civil Application 57 of 2020  •  7 Aug 2020  •  Kenya

Coram
Jamila Mohammed, Sankale ole Kantai, Stephen Gatembu Kairu

Judgement

RULING OF THE COURT

1. In its application dated 27th February 2020 under Rule 5(2)(b) of the Court of Appeal Rules, Kenya Power and Lighting Co. Ltd, the applicant seeks an order of stay of execution of the judgment of the High Court at Nairobi (Ong’injo, J.) given on 21st January 2020 in High Court Civil Appeal No. 257 of 2011pending the hearing and determination of an intended appeal from that decision. By that judgment, the High Court partially allowed the applicant’s appeal from a decision of the Magistrate’s court awarding the respondent an amount of Kshs. 962,000.00 as damages for alleged loss of rent on account of alleged wrongful electricity disconnection at the respondent’s business premises.

Arising from the judgment of the High Court, the applicant lodged a notice of appeal dated 23rd January 2020 on which the present application is based.

2. The applicant also seeks an order that the amount of Kshs.962,000.00 which it deposited in the High Court on 27th March 2002 as security…

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