[2022] KEELRC 12906 (KLR)
The court found that the application for stay of execution pending appeal was an abuse of the court process because a similar application had already been dismissed, and both the Court of Appeal and the Supreme Court had pronounced themselves against the orders sought. Entertaining the application would serve no...
Source-derived case information.
- Citation
- [2022] KEELRC 12906 (KLR)
- Parties
- Applicant: Jumbo North (EA) Ltd; Respondent: Patrick Matiabe Nyaanga
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Case E015 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Stay Execution Pending Appeal
- Outcome
- application struck out as abuse of court process
- Judges
- NJ Abuodha
- Legal Topics
- Abuse of Court Process, Stay of Execution, Appeals, Court Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jumbo North (EA) Ltd
Applicant
Patrick Matiabe Nyaanga
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Stay Execution Pending Appeal
Legal Issues
- 1 Whether the present application for stay of execution pending appeal constitutes an abuse of the court process.
- 2 Whether the court should grant a stay of execution where higher courts have already pronounced themselves against the orders sought.
Ratio Decidendi
The court found that the application for stay of execution pending appeal was an abuse of the court process because a similar application had already been dismissed, and both the Court of Appeal and the Supreme Court had pronounced themselves against the orders sought. Entertaining the application would serve no useful purpose, as the outcome of any further appeal was already determined. The court therefore struck out the application with costs, emphasizing the need to prevent misuse of judicial process and to uphold the finality of its previous decisions.
Court Disposition
application struck out as abuse of court process
Orders
- The application is struck out with costs to the respondent.
Full Case Text
Judgment text and source record
18 paragraphs
Jumbo North (EA) Ltd v Nyaanga (Miscellaneous Case E015 of 2021) [2022] KEELRC 12906 (KLR) (14 October 2022) (Ruling)
Neutral citation: [2022] KEELRC 12906 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Eldoret
Miscellaneous Case E015 of 2021
NJ Abuodha, J
October 14, 2022
Between
Jumbo North (EA) Ltd
Claimant
and
Patrick Matiabe Nyaanga
Respondent
Ruling
1. This court in its ruling delivered on October 29, 2021 dismissed a similar application for reasons elaborately detailed in the said ruling. It is therefore an abuse of the court process for counsel to bring the present application where the Court of Appeal to which he intends to appeal my ruling and the Supreme Court in the land has pronounced itself against the orders sought to be canvassed on appeal against my ruling. Of what use would be the orders of stay to the applicant if the fate of the journey to the Court of Appeal is already known to both counsel and the court? Is this not a clear case of abuse of the court process? The court thinks so.
2. The application is therefore struck out with costs as an abuse of the court process.
3. It is so ordered
DATED AND DELIVERED AT ELDORET THIS 14TH DAY OF OCTOBER, 2022. ABUODHA NELSON JORUMJUDGE ELRC