Waitiki v Kenya Power & Lighting Co. Ltd (Civil Application E107 of 2023) [2025] KECA 874 (KLR) (23 May 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 874
- Citation
- [2025] KECA 874 (KLR)
- Decided
- 23 May 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureRespondent seeks to withdraw notice of appeal and set aside stay of executionCoramA. K. MURGOR, DR. K. I. LAIBUTA, G. W. NGENYE-MACHARIA
Holding
The respondent's notice of appeal is deemed withdrawn and the costs of the motion are borne by the respondent.
Facts
Applicant sued respondent for damages due to alleged trespass on four parcels of land. Respondent appealed the judgment but did not file the appeal record within 60 days.
Issues
- Withdrawal of notice of appeal
- Set aside stay of execution
Reasoning
The respondent failed to file the appeal record within 60 days and did not demonstrate diligence in pursuing the appeal. The court exercises its discretion under rule 85(1) to deem the notice of appeal withdrawn.
Outcome
Motion granted
Orders
- Respondent's notice of appeal deemed withdrawn
- Respondent bears the costs of the motion
Remedies
- Withdrawal of notice of appeal
- Set aside stay of execution
Authorities cited
Legislation (1)
- Court of Appeal Rules, 2022
Cases cited (1)
- MAE Properties Limited vs. Joseph Kibe & Another [2017] 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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