Kenya Power & Lighting Company Limited v Julius Wambale & another [2019] KEHC 8094 (KLR)
- Court
- High Court of Kenya
- Case number
- 8094
- Citation
- [2019] KEHC 8094 (KLR)
- Decided
- 29 April 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplicant seeks leave to file an appeal and to have a memorandum of appeal deemed as properly filed within timeCoramC. W. GITHUA
Holding
The motion and the supporting affidavit are incompetent and are struck out with costs to the respondents.
Facts
The applicant, Kenya Power & Lighting Company Limited, seeks leave to file an appeal against a judgment in Milimani CMCC No. 3836 of 2017 due to a delay in filing the appeal. The respondents, Julius Wambale and Christine Taabu Bwire, oppose the motion.
Issues
- Whether the motion and the supporting affidavit are incompetent and ought to be struck out.
- If the answer to issue no [i] above is in the negative, whether the applicant is entitled to file an appeal against the judgment
Reasoning
The court finds the affidavit supporting the motion to be sworn by a stranger to the intended appeal and thus incompetent. The motion is struck out.
Outcome
The Notice of Motion dated 19th February 2019 is struck out with costs to the respondents.
Orders
- The motion and the supporting affidavit are struck out with costs to the respondents.
Authorities cited
Cases cited (2)
- Halsbury’s Laws of England 4th Edition 2003 Reissue Volume 25 at Paragraph 490
- Moijo Matanya ole Keiwua V Chief Justice of Kenya & 6 Others, [2008] 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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