Kenya Pipeline Company Limited v Duncan Nderitu Ndegwa & another [2015] KECA 145 (KLR)
- Court
- Court of Appeal
- Case number
- 145
- Citation
- [2015] KECA 145 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for stay of execution pending appealCoramW. KARANJA, M.K. KOOME, S. ole KANTAI
Holding
The court grants a conditional stay of execution of the decree pending the intended appeal, requiring the applicant to deposit Kshs.15,000,000 in an interest-earning account within 30 days.
Facts
Kenya Pipeline Company Limited filed a suit against Duncan Nderitu Ndegwa and L.Z. Engineering Construction Limited, claiming damages for trespass and other related acts on their property.
Issues
- Whether the 2nd respondent was a servant of the applicant
- Whether the applicant could be vicariously liable for the 2nd respondent's acts of trespass and torts
- Whether the 1st respondent is a man of means to pay the decree
Reasoning
The court found that the decree is a money decree and the 1st respondent has not demonstrated his ability to pay the substantial sum. The court granted a conditional stay to avoid undue hardship to the applicant.
Outcome
The application for stay of execution is granted.
Orders
- Conditional stay of execution pending appeal
- Applicant to deposit Kshs.15,000,000 in an interest-earning account within 30 days
Remedies
- Special damages
- Loss of profits
- General damages
- Injunction to restrain wrongful acts
- Interest on damages awarded
Authorities cited
Legislation (1)
- Evidence Act
Cases cited (1)
- National Industrial Credit Bank Ltd v Aquinas Francis Wasike & Another (UR) 2005
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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