Kenya Power Limited v Stella Ayuma Omboya [2017] KEHC 7225 (KLR)
- Court
- High Court of Kenya
- Case number
- 7225
- Citation
- [2017] KEHC 7225 (KLR)
- Decided
- 21 February 2017
The application for leave to file the appeal out of time is allowed, and the memorandum of appeal shall be filed within 7 days of this ruling. The applicant shall cause the decretal sum to be deposited in an interest earning account in the joint names of counsel for the parties within 30 days from the date of this ruling. The costs shall be on appeal.
Facts
The plaintiff, Kenya Power Limited, was awarded Kshs. 472,140/= in damages, special damages, and costs by the lower court after a full trial. The defendant, Stella Ayuma Omboya, was the plaintiff in the lower court.
Issues
- Whether the appeal should be allowed out of time.
- Whether an order for security should be made in the lower court at the hearing of the application for stay.
Reasoning
The judge agreed that a mistake by counsel should not be visited upon the litigant, especially where such a mistake and/or omission has been satisfactorily explained. The judge also noted that a successful litigant should enjoy the fruits of their judgment but justice looks at both sides.
Outcome
The application for leave to file the appeal out of time is granted.
Orders
- The memorandum of appeal shall be filed within 7 days of this ruling.
- The applicant shall cause the decretal sum to be deposited in an interest earning account in the joint names of counsel for the parties within 30 days from the date of this ruling.
Remedies
- Allowance of the appeal out of time.
- Deposit of the decretal sum in an interest earning account in the joint names of counsel for the parties.
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