[2015] KEELRC 1585 (KLR)
The court found that the notice of appeal was filed out of time and no application for leave to file an appeal out of time had been lodged. As a result, there was no valid appeal before the court. Furthermore, the applicant failed to set out any grounds for the intended appeal or provide a draft memorandum of...
Source-derived case information.
- Citation
- [2015] KEELRC 1585 (KLR)
- Parties
- Claimant: Jonah Kimani Ngere; Respondent: Gear Control & Equipment Ltd.
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 893 of 2013
- Procedural Posture
- Stay Application / Ruling on Application for Stay of Execution Pending Appeal
- Outcome
- application dismissed with costs
- Legal Topics
- Stay of Execution, Appeal Procedure, Time Limits for Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jonah Kimani Ngere
Claimant
Gear Control & Equipment Ltd.
Respondent
Procedural Posture
Stay Application / Ruling on Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the application for stay of execution pending appeal should be granted.
- 2 Whether the notice of appeal was filed within the prescribed time.
- 3 Whether the applicant has demonstrated that the intended appeal would be rendered nugatory if stay is not granted.
Ratio Decidendi
The court found that the notice of appeal was filed out of time and no application for leave to file an appeal out of time had been lodged. As a result, there was no valid appeal before the court. Furthermore, the applicant failed to set out any grounds for the intended appeal or provide a draft memorandum of appeal, making it impossible for the court to assess whether the intended appeal was arguable. The applicant also did not demonstrate that execution of the judgment would render the intended appeal nugatory, especially since the award was monetary. Consequently, the application for stay of execution pending appeal was dismissed with costs.
Court Disposition
application dismissed with costs
Orders
- The application for stay of execution pending appeal is dismissed with costs.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS
COURT OF KENYA AT NAIROBI
CAUSE NO. 893 OF 2013
JONAH KIMANI NGERE .…….…....……………..…CLAIMANT
VERSUS
GEAR CONTROL & EQUIPMENT LTD.…..……..RESPONDENT
Mr. Njoroge for Respondent/Applicant
Claimant/Respondent in person
RULING
1. The Applicant seeks stay of execution of the Judgment and Decree of the court pending the hearing and determination on an Appeal against the Judgment of the court delivered on 8th October, 2014.
2. The Notice of Appeal dated 21st October, 2014 was filed on 16th December, 2014 more than sixty (60) days from the date the Judgment was delivered.
3. The Notice was therefore filed out of time and application for leave to file an Appeal out of time has not been lodged at the Court of Appeal as at the time of hearing this Application.
4. There is no valid appeal noted as it were, and the court is not in a position to determine whether the Intended Appeal is arguable since no grounds for the Intended Appeal are set out on the face of the Application or in a draft Memorandum of Appeal.
5. The other considerations have also not been met by the Applicant since the Appeal was noted with considerable delay.
6. The award of the court is sounding in money and it has not been demonstrated that execution of the Judgment would render the Intended Appeal nugatory.
7. Accordingly, the Application for stay of execution pending Appeal is dismissed with costs.
Dated at Nairobi this 24th day of April, 2015.
MATHEWS N. NDUMA
PRINCIPAL JUDGE
Delivered by Hon. Hellen Wasilwa on 24th day of April, 2015.
In the presence of