Kenya Power & Lighting Company Ltd v Animantu (Civil Appeal E044 of 2021) [2021] KECA 100 (KLR) (22 October 2021) (Ruling)
- Court
- Court of Appeal
- Case number
- 100
- Citation
- [2021] KECA 100 (KLR)
- Decided
- 22 October 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for stay of execution of judgmentCoramJ. MOHAMMED, A. MBOGHOLI MSAGHA, HELLEN OMONDI
Holding
The application is dismissed with costs as the applicant failed to satisfy the second limb of Rule 5(2)(b) of the Court of Appeal Rules.
Facts
Kenya Power & Lighting Company Ltd filed a notice of appeal against a judgment in favor of Dancun Animantu for Kshs. 15,729,500.00 and interest.
Issues
- Whether the appeal is arguable
- Whether the appeal, if successful, would be rendered nugatory
Reasoning
The Court found the appeal arguable but dismissed the application as the applicant did not satisfy the second limb of Rule 5(2)(b) of the Court of Appeal Rules.
Outcome
Dismissed with costs
Authorities cited
Cases cited (2)
- Trust Bank Limited and Another v. Investech Bank Limited and 3 Others [2000] eKLR
- Stanley Kang'ethe Kinyanjui v Tony Ketter & 5 Others [2013] eKLR
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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