[2022] KEELRC 13296 (KLR)

[2022] KEELRC 13296 (KLR)

The court found that since the respondent did not oppose the application for stay of execution, provided it was conditional, and the appeal had already been filed, it was just to grant the stay. The court exercised its discretion to allow the stay of execution on the condition that the decretal sum be deposited in...

Source-derived case information.

Citation
[2022] KEELRC 13296 (KLR)
Parties
Appellant: Swaran Singh Charal; Respondent: Peter Khadera Mageni
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Nairobi
Jurisdiction
Kenya
Case Number
Appeal 191 of 2022
Procedural Posture
Stay Application / Ruling on Application for Stay of Execution Pending Appeal
Outcome
Stay of execution of judgment and decree allowed on condition of deposit of decretal sum.
Judges
J Rika
Legal Topics
Stay of Execution, Appeal Procedure, Decretal Sum, Security for Judgment
Source Language
en
Employment and Labour Stay of Execution Appeal Procedure Decretal Sum Security for Judgment

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Swaran Singh Charal

Appellant

Peter Khadera Mageni

Respondent

Procedural Posture

Stay Application / Ruling on Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether a stay of execution of judgment/decree pending appeal should be granted.
  2. 2 What conditions, if any, should be imposed for the grant of stay of execution.

Ratio Decidendi

The court found that since the respondent did not oppose the application for stay of execution, provided it was conditional, and the appeal had already been filed, it was just to grant the stay. The court exercised its discretion to allow the stay of execution on the condition that the decretal sum be deposited in an interest-earning joint bank account in the names of the parties' advocates within 30 days, failing which execution would proceed. This approach balances the appellant's right to appeal and the respondent's right to secure the judgment sum.

Court Disposition

Stay of execution of judgment and decree allowed on condition of deposit of decretal sum.

Orders

  • Stay of execution of judgment and decree is allowed on the condition that the decretal sum shall be deposited in an interest-earning joint bank account in the names of the two advocates.
  • The deposit to be made within 30 days of the ruling date.