Ricrac Company Limited & another v Kenya National Highway Authority & another (Petition 50 of 2016) [2021] KEHC 126 (KLR) (13 October 2021) (Ruling)
- Court
- High Court of Kenya
- Case number
- 126
- Citation
- [2021] KEHC 126 (KLR)
- Decided
- 13 October 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePetitionPostureRespondent/Applicant seeks stay of execution of an order and sets aside the order on appeal groundsCoramJohn M. Mativo
Holding
The application is incompetent and the orders sought cannot be granted
Facts
Petitioners/Respondents filed a petition against the Kenya National Highway Authority. The Authority issued an order preventing the Petitioners from executing the order against it. The Petitioners filed a Memorandum of Appeal seeking to set aside the entire decision.
Issues
- Whether the applicant can appeal against a decision of the High Court to the High Court
- Whether the application is competent given the lapse of the prescribed period for filing the Memorandum of Appeal
Reasoning
The court found that the impugned decision is appealable before a judge and that no appeal has been filed as prescribed by the Civil Procedure Rules, 2010.
Outcome
The application is dismissed
Authorities cited
Legislation (1)
- Civil Procedure Rules, 2010
Cases cited (13)
- Order 49 Rule (7) of the Civil Procedure Rules, 2010
- Section 68 of the Kenya Roads Act
- Section 68 of the Government Proceedings Act
- Bernard Njoroge Kibaki t/a Njowa Njemu Enterprises v Equity Bank Limited & another5
- Vas wani Trading Company v Savalak & Co (1972) 12 SC. 77
- Mobil Oil (Nig) Ltd. v Agadowagbo (1988) 12 NWLR (Pt 77) 383
- Marina v Niconnar Food Co. Ltd. (1988) 2 NWLR (Pt 74) 75
- Balogun v Balogun (1969) 1 All NLR 349
- Okafor v Nnaife (2001) 14 NWLR (pt 734) 699
- Okafor v Nnaife (1987) (1987) 4 NWLR (pt. 64) 129
- Onzulobe v Commissioner for Special Duties Anambra State (1990) 7 NWLR (pt 161) 252
- Fawehinmi vs. Akilu (1990) 1 NWLR (Pt. 127) 450 @ 460
- UNIPORT vs. Kraus Thompson Organization Ltd. (1999) 11 NWLR
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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