Kenya Power & Lighting Co. Ltd v John Peter Mbue Mwangi [2020] KEHC 6124 (KLR)
- Court
- High Court of Kenya
- Case number
- 6124
- Citation
- [2020] KEHC 6124 (KLR)
- Decided
- 7 May 2020
The court grants the application and grants the following orders: 1. Leave is hereby granted to the applicant to file an appeal; out of time and the appeal to be filed and served within 30 days of this order; 2. An order of stay is granted. The decretal sum that was deposited in court be deposited in an interest earning account of both advocates for the applicant and the respondent within 21 days hereof; 3. The costs of this application to abide the appeal.
Facts
Appellant was the defendant in NKU.CMCC.76/2011, judgment was entered on 18/1/2019 without notice to the appellant. Judgment was slated for delivery on 7/12/2018 but was deferred to 19/12/2018. Appellant was not aware of the delivery of judgment till 7/5/2019.
Issues
- Whether the application is an abuse of the court process.
- Whether the applicant has shown sufficient cause for the grant of an order of stay.
- Whether the applicant has demonstrated that substantial loss will be suffered.
- Whether the applicant has offered security for the due performance of the above.
Reasoning
The court finds that the applicant has met all the grounds necessary for grant of an order of stay. The applicant has offered to provide security and has therefore satisfied this ground for stay.
Outcome
The court grants the application.
Orders
- Leave is hereby granted to the applicant to file an appeal; out of time and the appeal to be filed and served within 30 days of this order.
- An order of stay is granted. The decretal sum that was deposited in court be deposited in an interest earning account of both advocates for the applicant and the respondent within 21 days hereof.
- The costs of this application to abide the appeal.
Remedies
- Order of stay of execution of the judgment and/or decree of pending hearing and determination of the application and appeal herein.
- Deposit of the decretal sum in an interest earning account of both advocates for the applicant and the respondent.
Authorities cited
Legislation (3)
- Civil Procedure Rule
- Order 42, Rule 6
- Order 51 Rule 1
Cases cited (5)
- Kiunjuri Muguta v Wotuku Muguta (2013) eKLR
- Butt v Rent Restriction Tribunal C.App. (NRB) 6/1979
- Lucy Njeri Kimani v Lawrence Mburu Muthoga (2006) eKLR
- Socfinac Co. Ltd v Nelphat Kimotho Muturi (2013) eKLR
- Focin Motor Cycle v Ann Wambui Wangui (2018) C.App.22/2017
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