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Kenya Power Lighting and Company Limited v Naftal Nyamweya Okeyo [2020] KEHC 5102 (KLR)

[2020] KEHC 5102 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
5102
Citation
[2020] KEHC 5102 (KLR)
Decided
7 May 2020
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Civil ApplicationPostureRespondent opposed the applicationCoramHon. R. M. Oanda, PM
Holding

The application is dismissed with costs.

Facts

Respondent was awarded damages for injuries sustained in employment with the second defendant. The appellant and the second defendant were held jointly and severally liable. The appellant failed to appeal within the prescribed time due to internal deliberations.

Issues

  1. Whether the applicant has made out a case for the extension of time to enable it to appeal out of time.
  2. Whether the applicant has made out a case for the grant of an order of stay of execution.
  3. Who bears the costs of this application?

Reasoning

The applicant failed to demonstrate sufficient cause for the delay in filing the appeal and did not show an arguable appeal.

Outcome

Dismissed

Orders

  • Costs to be awarded to the respondent

Authorities cited

Legislation (2)
  • Civil Procedure Act (Cap 21) Laws of Kenya
  • Civil Procedure Rules
Cases cited (2)
  • Raballv Judicial Service Commission & Another, Civil Application No. 10 of 2015 (UR 1O/2015)
  • Rajesh Rughan v Fifty Investment Ltd & Another [2005] e-KLR
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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