[2020] KEELRC 1327 (KLR)
The court found that the Respondent failed to demonstrate any arguable appeal or provide a draft memorandum of appeal, relying solely on a bare assertion by its advocate. The application for stay was filed more than a year after judgment, with no justification for the delay. The court held that the Respondent had...
Source-derived case information.
- Citation
- [2020] KEELRC 1327 (KLR)
- Parties
- Claimant: Irene Ndinda Mbinda; Respondent: Mombasa Filters Supplies
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 608 of 2014
- Procedural Posture
- Stay Application / Ruling on Application for Stay of Execution Pending Appeal
- Outcome
- application dismissed
- Judges
- J Rika
- Legal Topics
- Stay of Execution, Appeal Process, Delay in Filing, Bill of Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Irene Ndinda Mbinda
Claimant
Mombasa Filters Supplies
Respondent
Procedural Posture
Stay Application / Ruling on Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the Respondent has demonstrated sufficient grounds for grant of stay of execution pending appeal.
- 2 Whether the delay in filing the application for stay is justified.
- 3 Whether the Respondent has shown existence of an arguable appeal.
Ratio Decidendi
The court found that the Respondent failed to demonstrate any arguable appeal or provide a draft memorandum of appeal, relying solely on a bare assertion by its advocate. The application for stay was filed more than a year after judgment, with no justification for the delay. The court held that the Respondent had not met the threshold for grant of stay of execution pending appeal, and therefore dismissed the application with costs to the Claimant.
Court Disposition
application dismissed
Orders
- The Application dated 28th June 2019, filed on 1st July 2019 by the Respondent is rejected.
- Costs to the Claimant.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT
AT MOMBASA
CAUSE NUMBER 608 OF 2014
BETWEEN
IRENE NDINDA MBINDA............................CLAIMANT
VERSUS
MOMBASA FILTERS SUPPLIES.......... RESPONDENT
Rika J
Court Assistant: Benjamin Kombe
IRB Mbuya & Company Advocates, for the for the Claimant
J.A. Abuodha & Company Advocates, for the Respondent
______________________________________________
RULING
1. Judgment was delivered in favour of the Claimant, for a sum of Kshs. 793,211 plus costs and interest, on 26th April 2018.
2. The Respondent filed an Application for stay of execution pending Appeal, on 1st July 2019.
3. This was after the Claimant taxed her bill of costs, and instructed Makini Auctioneers to attach and sell Respondent’s motor vehicle, in recovery of the decretal sum.
4. Parties consented to have the Application considered and determined on the strength of Written Submissions. They confirmed to have filed and exchanged these Submissions, at the last appearance in Court on 12th March 2020.
The Court Finds:-
5. The Respondent has not shown there is an arguable Appeal, with any chance of success. There is no Draft Memorandum of Appeal attached to the Application. The Respondent merely states, at paragraph 4 of the Supporting Affidavit, that it has been advised by its Advocate that the Intended Appeal has high chances of success.
6. The Application has been presented more than 1 year after delivery of Judgment. Delay has not been justified.
7. There is no merit whatsoever to this Application.
IT IS ORDERED:-
a. The Application dated 28th June 2019, filed on 1st July 2019 by the Respondent is rejected.
b. Costs to the Claimant.
Dated and delivered at Mombasa this 26th day of March 2020.
James Rika
Judge