[2023] KEELRC 548 (KLR)
The court found that the appellant's appeal was not frivolous and raised bona fide issues suitable for argument. The respondent was amenable to the grant of stay on condition that the decretal sum is deposited in a joint interest earning account in the names of the parties' advocates. The court exercised its...
Source-derived case information.
- Citation
- [2023] KEELRC 548 (KLR)
- Parties
- Appellant: Icom Engineering Co Limited; Respondent: Nahashom Nyabande Juma
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Appeal 136 of 2022
- Procedural Posture
- Stay Application / Ruling on Application for Stay of Execution Pending Appeal
- Outcome
- Conditional stay of execution granted pending appeal.
- Judges
- J Rika
- Legal Topics
- Unfair Termination, Stay of Execution, Compensation for Termination, Terminal Benefits
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Icom Engineering Co Limited
Appellant
Nahashom Nyabande Juma
Respondent
Procedural Posture
Stay Application / Ruling on Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the appellant is entitled to a stay of execution of the trial court's judgment pending appeal.
- 2 Whether the respondent's consent to conditional stay is sufficient to grant the orders sought.
Ratio Decidendi
The court found that the appellant's appeal was not frivolous and raised bona fide issues suitable for argument. The respondent was amenable to the grant of stay on condition that the decretal sum is deposited in a joint interest earning account in the names of the parties' advocates. The court exercised its discretion to grant a conditional stay of execution, requiring the appellant to deposit the decretal amount within 21 days, failing which execution would proceed. The court balanced the interests of both parties by ensuring the respondent's entitlement is secured while preserving the appellant's right to appeal.
Court Disposition
Conditional stay of execution granted pending appeal.
Orders
- An order of stay of execution of the decree/judgment of the trial court is granted pending hearing and determination of the appeal, on condition that the decretal amount of Kshs 785,912 is deposited in a joint interest earning account in the names of the parties' respective advocates within 21 days of the ruling.
- In default of deposit, execution to proceed.
Full Case Text
Judgment text and source record
22 paragraphs
Icom Engineering Co Limited v Juma (Appeal 136 of 2022) [2023] KEELRC 548 (KLR) (28 February 2023) (Ruling)
Neutral citation: [2023] KEELRC 548 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Appeal 136 of 2022
J Rika, J
February 28, 2023
Between
Icom Engineering Co Limited
Appellant
and
Nahashom Nyabande Juma
Respondent
(An application for stay of execution of decree/ judgment in MCELRC No 1071 of 2020 (Hon E Kagoni, PM) delivered on July 1, 2022. )
Ruling
1. The Trial Court, in MCELRC No 1071 of 2020 [Hon E Kagoni PM] granted the Respondent herein, compensation for unfair termination and terminal benefits, amounting to Kshs 669,473, with costs and interest, in a Judgment delivered on July 1, 2022.
2. The Appellant filed the Memorandum of Appeal dated July 13, 2022, listing 8 Grounds of Appeal, and an Application dated August 18, 2022, for stay of execution pending hearing and determination of the Appeal.
3. Parties recorded an order on November 9, 2022, to have the Application heard and considered on the strength of their written submissions. They confirmed filing and exchange of submissions on December 16, 2022.
4. The Respondent submits at page 9 of his written submissions that he is not opposed to the orders being granted on the condition that the aggregate decretal amount of Kshs 785,912 is deposited in a joint interest earning account in the names of the respective Parties’ Advocates.
The Court Finds: - 5. The Appellant has established its Appeal is not frivolous, and contains bona fide issues, that can be argued before this Court.
6. The Respondent is amenable to the orders being granted, on the condition that the decretal sum is held in a joint interest earning account, in the names of the Parties’ Advocates.It is ordered: -a.An order of stay of execution of decree/ judgment of the Trial Court is granted, pending hearing and determination of the Appeal, on the condition that the decretal amount of Kshs 785,912, is deposited in a joint interest earning account, in the names of the Parties’ respective Advocates, within 21 days of this Ruling.b.In default execution to proceed.c.Costs in the Appeal.
DATED, SIGNED AND RELEASED TO THE PARTIES ELECTRONICALLY, AT NAIROBI, UNDER THE MINISTRY OF HEALTH AND JUDICIARY COVID-19 GUIDELINES, THIS 28TH DAY OF FEBRUARY 2023. JAMES RIKAJUDGE