Chris Mahinda t/a Nyeri Trade Centre v Kenya Power & Lighting Co Ltd [2005] KECA 293 (KLR)
- Court
- Court of Appeal
- Case number
- 293
- Citation
- [2005] KECA 293 (KLR)
- Decided
- 18 November 2005
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the High Court of Kenya at NyeriCoramOMOLO, O’KUBASU, DEVERELL
Holding
The Court of Appeal dismissed the applicant's application and allowed the respondent's application.
Facts
The applicant, Chris Mahinda t/a Nyeri Trade Centre, sought an order rescinding the High Court's order dated 10th June, 2005, and dismissing the respondent's application dated 9th August, 2004.
Issues
- Inherent jurisdiction of the Court of Appeal to rescind its own order
- Substitution of the High Court's order
Reasoning
The Court of Appeal held that the High Court's order was not void and thus the Court of Appeal did not have the inherent jurisdiction to rescind it.
Outcome
Appeal dismissed
Orders
- Order dismissing the respondent's application dated 9th August, 2004
- Order allowing the appeal
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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