[2018] KEELRC 88 (KLR)
The court found that the respondent failed to demonstrate that it would suffer substantial or irreparable loss if the stay of execution was not granted. The court further held that the pending appeal would not be rendered nugatory by the refusal to grant stay. Given that the judgment in favour of the claimant was...
Source-derived case information.
- Citation
- [2018] KEELRC 88 (KLR)
- Parties
- Claimant: Alice Mmboga Ogola; Respondent: Nyayo Tea Zone Development Corporation Limited (Kimondi)
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Cause 363 of 2015
- Procedural Posture
- Stay Application / Ruling on Application for Stay of Execution Pending Appeal
- Outcome
- application for stay of execution dismissed with costs
- Judges
- MN Nduma
- Legal Topics
- Stay of Execution, Appeal Procedure, Substantial Loss, Interest of Justice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Alice Mmboga Ogola
Claimant
Nyayo Tea Zone Development Corporation Limited (Kimondi)
Respondent
Procedural Posture
Stay Application / Ruling on Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the respondent has demonstrated substantial or irreparable loss if stay of execution is not granted.
- 2 Whether the pending appeal would be rendered nugatory if stay is not granted.
- 3 Whether the interests of justice require the grant of stay of execution.
Ratio Decidendi
The court found that the respondent failed to demonstrate that it would suffer substantial or irreparable loss if the stay of execution was not granted. The court further held that the pending appeal would not be rendered nugatory by the refusal to grant stay. Given that the judgment in favour of the claimant was delivered one and a half years ago, the court determined that it was in the interest of justice and fair play for the claimant to enjoy the fruits of the judgment. Consequently, the application for stay of execution was dismissed with costs to the claimant.
Court Disposition
application for stay of execution dismissed with costs
Orders
- The application for stay of execution is dismissed with costs to the claimant.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT KISUMU
CAUSE NO. 363 OF 2015
(Before Hon. Justice Mathews N. Nduma)
ALICE MMBOGA OGOLA ...................................................................CLAIMANT
VERSUS
NYAYO TEA ZONE DEVELOPMENT
CORPORATION LIMITED (KIMONDI) .......................................RESPONDENT
R U L I N G
1. The court has considered the application dated 24th November, 2017 seeking stay of execution pending the hearing and determination of an appeal filed by the Respondent/Applicant at the Court of Appeal on 19th September, 2017 being Kisumu CACA NO.99 of 2017. The court has also considered the replying affidavit and submissions by both parties.
2. The Judgment made by the court in favour of the Claimant is for Kshs.243,859. 50.
3. The court is not satisfied that substantial loss, or irreparable loss would be suffered by the Respondent if the order sought by the Applicant is not granted.
4. Accordingly, the pending Appeal would not be rendered nugatory by the failure to grant this application.
5. It is now one and a half years since the Claimant obtained the Judgment of court. It is in the interest of justice and fair play, that the Claimant enjoy the fruits of his Judgment. The Application for stay of execution is dismissed with costs.
Dated, Signed and Delivered in Kisumu this 6th day of December, 2018
Mathews N. Nduma
Judge
Appearances
Mr. Gumbo for Respondent/Applicant
M/s Chepkwony for Claimant/Respondent
Chrispo – Court Clerk