[2021] KECA 229 (KLR)
The Court of Appeal determined that a conditional stay of execution and enforcement of the judgment and decree should be granted pending the hearing and determination of the appeal. The stay was made subject to the applicant executing a bank guarantee for Kshs. 10,000,000 within 45 days. The court balanced the...
Source-derived case information.
- Citation
- [2021] KECA 229 (KLR)
- Parties
- Applicant: Impression Advertising Limited; Respondent: Mantrac Kenya Limited
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E286 of 2021
- Procedural Posture
- Civil Appeal / Application for Stay of Execution Pending Appeal
- Outcome
- Conditional stay of execution granted pending appeal, subject to provision of bank guarantee.
- Judges
- W Karanja, AK Murgor, A Mbogholi-Msagha
- Legal Topics
- Stay of Execution, Conditional Orders, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Impression Advertising Limited
Applicant
Mantrac Kenya Limited
Respondent
Procedural Posture
Civil Appeal / Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the applicant is entitled to a stay of execution of the judgment and decree pending appeal.
- 2 What conditions, if any, should be imposed for the grant of stay of execution.
Ratio Decidendi
The Court of Appeal determined that a conditional stay of execution and enforcement of the judgment and decree should be granted pending the hearing and determination of the appeal. The stay was made subject to the applicant executing a bank guarantee for Kshs. 10,000,000 within 45 days. The court balanced the interests of both parties, considering the applicant's right to appeal and the respondent's right to enjoy the fruits of judgment, and found that security by way of a bank guarantee was appropriate to safeguard both parties' interests. Failure to comply with the condition would result in the stay being vacated, allowing the respondent to execute the impugned orders or decree.
Court Disposition
Conditional stay of execution granted pending appeal, subject to provision of bank guarantee.
Orders
- A conditional stay of execution and enforcement of the judgment and decree of Hon. Obaga, J. made on 26th September 2019 is granted pending the hearing and determination of the appeal.
- The applicant shall execute a Bank Guarantee for Kshs. 10,000,000 within 45 days from the date of the order.
Full Case Text
Judgment text and source record
19 paragraphs
Impression Advertising Limited v Mantrac Kenya Limited (Civil Appeal E286 of 2021) [2021] KECA 229 (KLR) (Civ) (19 November 2021) (Order)
Neutral citation: [2021] KECA 229 (KLR)
Republic of Kenya
In the Court of Appeal at Nairobi
Civil
Civil Appeal E286 of 2021
W Karanja, AK Murgor & A Mbogholi-Msagha, JJA
November 19, 2021
Between
Impression Advertising Limited
Applicant
and
Mantrac Kenya Limited
Respondent
(Being an Application for Stay of Execution and further proceedings from the Ruling and order of the Employment and Labour Relations Court at Milimani (Hon. Hellen Wasilwa, J) delivered on 27th February 2020 in ELC Petition No. 114 of 2019)
Order
1. We have heard Mrs. Maina and Mr. Mwihuri learned counsel for the applicant the respondent, respectively. Whereas they were amenable to negotiating terms on conditions of a stay order, they have been unable to agree on the terms.
2. We have considered their proposals and bearing in mind the circumstances surrounding the matter, we grant conditional stay of execution and enforcement of the judgment and decree of Hon. Obaga, J. made on 26th September 2019, pending the hearing and determination of the appeal on condition that the applicant executes a Bank Guarantee for Kshs. 10,000,000 (Kenya Shillings Ten Million) within 45 days from the date hereof, failing which the stay orders will stand vacated leaving the respondent at liberty to execute the impugned orders/decree.
DATED AND ISSUED AT MOMBASA THIS 19TH DAY OF NOVEMBER, 2021W. KARANJA.....................................JUDGE OF APPEALA. K. MURGOR....................................JUDGE OF APPEALA. MBOGHOLI MSAGHA......................................JUDGE OF APPEALI certify that this is a true copy of the originalSignedDEPUTY REGISTRAR