[2024] KEHC 11565 (KLR)

[2024] KEHC 11565 (KLR)

The court allowed the withdrawal of the appellant's notice of motion dated 18.7.2024, as there was no opposition and both parties consented to the withdrawal. By consent, the respondent's costs were fixed at KShs.155,000, reflecting the parties' agreement and the principle that costs follow the event. The court...

Source-derived case information.

Citation
[2024] KEHC 11565 (KLR)
Parties
Appellant: Kenya Power & Lighting Company Limited; Respondent: George Ouma Nyongesa
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Civil Appeal E084 of 2021
Procedural Posture
Civil Appeal / Ruling on Interlocutory Application
Outcome
Application withdrawn by consent; costs awarded to respondent; 30-day stay of execution granted; file closed.
Judges
MS Shariff
Legal Topics
Withdrawal of Application, Costs Award, Stay of Execution
Source Language
en
Civil Procedure Withdrawal of Application Costs Award Stay of Execution

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Parties

Kenya Power & Lighting Company Limited

Appellant

George Ouma Nyongesa

Respondent

Procedural Posture

Civil Appeal / Ruling on Interlocutory Application

Legal Issues

  1. 1 Whether the appellant's notice of motion dated 18.7.2024 should be withdrawn.
  2. 2 Determination of costs payable to the respondent upon withdrawal of the application.
  3. 3 Whether a stay of execution should be granted and for what period.

Ratio Decidendi

The court allowed the withdrawal of the appellant's notice of motion dated 18.7.2024, as there was no opposition and both parties consented to the withdrawal. By consent, the respondent's costs were fixed at KShs.155,000, reflecting the parties' agreement and the principle that costs follow the event. The court further granted a 30-day stay of execution to the appellant to enable compliance with the orders and to avoid prejudice. The file was marked as closed, bringing the interlocutory proceedings to an end.

Court Disposition

Application withdrawn by consent; costs awarded to respondent; 30-day stay of execution granted; file closed.

Orders

  • The appellant's notice of motion dated 18.7.2024 is marked as withdrawn with no orders as to costs.
  • By consent, the respondent's costs are agreed at KShs.155,000.