Thelmax Contractors Limited v Kenya National Highway Authority & 2 others (Miscellaneous Criminal Application 58 of 2015) [2023] KEHC 20576 (KLR) (21 July 2023) (Ruling)
- Court
- High Court of Kenya
- Case number
- 20576
- Citation
- [2023] KEHC 20576 (KLR)
- Decided
- 21 July 2023
Summary at a glance
TypeMiscellaneous Criminal ApplicationPostureApplication dismissed with costsCoramWM MUSYOKA
Application dismissed with costs
Facts
The applicant, Thelmax Contractors Limited, sought compensation from the Kenya National Highway Authority and two other respondents for damages. The 1st respondent, Kenya National Highway Authority, sought a stay of execution of the award due to potential prejudice from the applicant's execution of the award before the appeal is heard.
Issues
- Application for stay of execution of the award
- Application under the Government Proceedings Act
Reasoning
The 1st respondent is a Government agency and the law that should apply to these proceedings is the Government Proceedings Act. The issue of seeking a stay of execution of the decree herein should not arise as there is no chance of the decree being executed against the 1st respondent.
Outcome
Application dismissed with costs
Orders
- Interim order of stay of execution discharged
Authorities cited
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