Kenya Power & Lighting Company Ltd v Eunice Nkirote Ringera [2020] KECA 54 (KLR)
- Court
- Court of Appeal
- Case number
- 54
- Citation
- [2020] KECA 54 (KLR)
- Decided
- 18 December 2020
Application for stay of execution of judgment is allowed on condition that the applicant shall deposit half of the decretal sum in a joint interest earning account in the names of advocates for the parties within the next 30 days from the date of this ruling.
Facts
Respondent Eunice Nkirote Ringera sued Kenya Power & Lighting Company Ltd for trespassing on her property and obtained a judgment awarding her Kshs. 14,000,000 in compensatory damages. Applicant appealed part of the judgment.
Issues
- Whether the appeal is arguable
- Whether the appeal will be rendered nugatory if the impugned judgment and decree are not stayed
Reasoning
The court considered the applicant's memorandum of appeal and noted that the award of damages was well deserved. The court found that the applicant has demonstrated an arguable appeal which will be rendered nugatory if the judgment is not stayed.
Outcome
Application allowed
Orders
- Deposit half of the decretal sum in a joint interest earning account in the names of advocates for the parties within the next 30 days from the date of this ruling
Remedies
- Stay of execution of judgment
Authorities cited
Cases cited (2)
- Reliance Bank Limited v Norlake Investments Ltd (2002) 1 EA 227
- Judicial Commission of Inquiry into the Goldenberg Affair & 3 Others v Jacob Kilach (2003) eKLR
Loading judgment…