[2022] KEELRC 14662 (KLR)
The court found that although the applicant did not specifically address the requirements of substantial loss and security for due performance as outlined under Order 42 Rule 2 of the Civil Procedure Rules, the right to appeal was exercised promptly and the application for stay was made without delay. Given that the...
Source-derived case information.
- Citation
- [2022] KEELRC 14662 (KLR)
- Parties
- Applicant: Aisha Karanja; Respondent: Green Belt Movement
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Employment and Labour Relations Cause 1322 of 2017
- Procedural Posture
- Stay Application / Ruling on Application for Stay of Execution Pending Appeal
- Outcome
- application allowed
- Judges
- M Mbarũ
- Legal Topics
- Stay of Execution, Taxation of Costs, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Aisha Karanja
Applicant
Green Belt Movement
Respondent
Procedural Posture
Stay Application / Ruling on Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the court should grant a stay of execution of taxation proceedings pending the hearing and determination of Civil Appeal No E363 of 2022.
- 2 Whether the applicant has satisfied the legal requirements for grant of stay of execution under Order 42 Rule 2 of the Civil Procedure Rules.
Ratio Decidendi
The court found that although the applicant did not specifically address the requirements of substantial loss and security for due performance as outlined under Order 42 Rule 2 of the Civil Procedure Rules, the right to appeal was exercised promptly and the application for stay was made without delay. Given that the appeal directly concerns the award of costs, and the taxation proceedings are related to the subject matter of the appeal, the court determined that it is just and reasonable to grant a stay of the taxation proceedings to allow the applicant to ventilate the appeal before the Court of Appeal. The application for stay was therefore allowed pending the hearing and determination...
Court Disposition
application allowed
Orders
- Taxation proceedings herein are stayed pending the hearing and determination of Civil Appeal No E363 of 2022.
Full Case Text
Judgment text and source record
24 paragraphs
Karanja v Green Belt Movement (Employment and Labour Relations Cause 1322 of 2017) [2022] KEELRC 14662 (KLR) (27 October 2022) (Ruling)
Neutral citation: [2022] KEELRC 14662 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Employment and Labour Relations Cause 1322 of 2017
M Mbaru, J
October 27, 2022
Between
Aisha Karanja
Claimant
and
Green Belt Movement
Respondent
Ruling
1. The claimant filed application dated September 23, 2022 seeking for orders that there be a stay of execution of taxation proceedings pending hearing and determination of Civil Appeal E363 of 2022.
2. The application is supported by the affidavit of the claimant and on the grounds that there is an appeal against the judgement of the court on the award of costs as delivered on April 25, 2022. Parties have been issued with directions to file written submissions and pending the judgement of the Appeal the claimant is seeking stay of taxation proceedings which relates to the matters on appeal. if stay is not allowed the claimant shall suffer loss and damage.
3. The respondent field grounds of opposition that the application is without merits and raises no good cause of action and should be dismissed with costs.
4. Both parties filed written submissions which are put into account and the single issue for determination is whether the court should allow stay of execution pending hearing and determination of Civil Appeal No E363 of 2022.
5. The matter before the Court of Appeal, Civil Appeal No E363 of 2022 is not contested. The gist of the appeal is the issue of award of costs upon the dismissal of the suit herein.
6. It is common cause that stay of execution should abide the principles outlined under Order 42 Rule 2 of the Civil Procedure Rules and which requires that an applicant should satisfy the court what substantial loss may result if stay of execution is not
7. granted and also to deposit security for the due performance of the judgement in the event the matter on appeal is not successful.
8. In this regard, the claimant has not addressed these principles save, the right to appeal exists pursuant to Section 17 of the Employment and Labour Relations Court Act, 2011 and which right was applied instantly upon he judgement of the court on April 25, 2022 and this application followed soon thereafter without delay. To allow the claimant ventilate the appeal before the Court of Appeal in Civil Appeal No E363 of 2022 the order of stay of the taxation proceedings herein is found justified.
9. Accordingly, application dated September 23, 2022 is hereby allowed and the taxation proceedings herein stayed pending the hearing and determination of Civil Appeal No E363 of 2022.
Delivered in court at Nairobi this 27th day of October, 2022. M. MBARŨ JUDGEIn the presence of:Court Assistant: Okodoi