Diniz Holdings Limited (Formel Safari Holdings Limited) v Kenya Power & Lighting Company Limited (Civil Appeal (Application) 136 of 2020) [2025] KECA 2323 (KLR) (19 December 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 2323
- Citation
- [2025] KECA 2323 (KLR)
- Decided
- 19 December 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for injunction and stay of execution pending appealCoramD. K. MUSINGA, F. TUIYOTT, P. NYAMWEYA
Holding
The appeal is arguable but not rendered nugatory, and the application for injunction and stay of execution is dismissed.
Facts
Kenya Power & Lighting Company installed power on the applicant's property and issued a bill for undercharged units. The applicant filed a suit seeking an injunction and damages, and the High Court found the applicant liable to pay 50% of the bill.
Issues
- Whether the appeal is arguable
- Whether the appeal will be rendered nugatory if the injunction or stay orders are not granted
Reasoning
The court found the appeal arguable as it raises a bona fide issue. However, the applicant has not demonstrated that the appeal will be rendered nugatory.
Outcome
Application dismissed with no order as to costs
Authorities cited
Cases cited (1)
- Stanley Kang'ethe Kinyanjui vs 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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