Raindrops Limited v County Government of Kilifi (Civil Application E057 of 2021) [2024] KECA 174 (KLR) (23 February 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 174
- Citation
- [2024] KECA 174 (KLR)
- Decided
- 23 February 2024
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TypeCivil ApplicationPostureAppeal from a previous orderCoramA. K. MURGOR, DR. K. I. LAIBUTA, G. V. ODUNGA
Holding
The orders of stay of execution are varied and rescinded due to the respondent's failure to comply with the orders.
Facts
The applicant, Raindrops Limited, sought to vary or rescind stay orders issued by the court on February 4, 2022, due to the respondent's failure to comply with the orders. The respondent, County Government of Kilifi, filed an incomplete Record of appeal on March 1, 2022.
Issues
- Whether the orders of stay of execution should be varied or rescinded due to the respondent's failure to comply with the orders.
- Whether the orders of stay of execution lapsed on March 22, 2022, due to the respondent's failure to file a complete Record of appeal within 45 days from the date of the ruling.
Reasoning
The respondent failed to file a complete Record of appeal within the stipulated time, which was contrary to the orders of the court.
Outcome
The orders of stay of execution are varied and rescinded.
Orders
- The orders of stay of execution are varied and rescinded due to the respondent's failure to comply with the orders.
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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