[2018] KEELRC 136 (KLR)
The court found that the issue of stay of execution had already been determined by a previous order requiring the respondent/applicant to deposit the entire decretal sum in an interest earning account. Since the applicant complied with this condition, the court confirmed the stay of execution pending the hearing and...
Source-derived case information.
- Citation
- [2018] KEELRC 136 (KLR)
- Parties
- Claimant: Kennedy Kimaiyo Kiplagat; Respondent: The Co-operative Bank of Kenya Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 2309 of 2014
- Procedural Posture
- Stay Application / Ruling on Application for Stay of Execution Pending Appeal
- Outcome
- Stay of execution confirmed pending appeal.
- Judges
- HS Wasilwa
- Legal Topics
- Stay of Execution, Appeal Procedure, Decretal Sum Deposit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kennedy Kimaiyo Kiplagat
Claimant
The Co-operative Bank of Kenya Limited
Respondent
Procedural Posture
Stay Application / Ruling on 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 Whether the deposit of the decretal sum in an interest earning account satisfies the conditions for stay of execution.
Ratio Decidendi
The court found that the issue of stay of execution had already been determined by a previous order requiring the respondent/applicant to deposit the entire decretal sum in an interest earning account. Since the applicant complied with this condition, the court confirmed the stay of execution pending the hearing and determination of the appeal. The court held that the requirements for granting a stay had been satisfied and there was no basis to disturb the earlier order.
Court Disposition
Stay of execution confirmed pending appeal.
Orders
- Stay of execution of the judgment and decree is confirmed pending the hearing and determination of the appeal.
- Costs to abide the outcome of the appeal.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OF KENYA AT NAIROBI
ELRC NO. 2309 OF 2014
(Before Hon. Lady Justice Hellen S. Wasilwa on 20th December, 2018)
KENNEDY KIMAIYO KIPLAGAT......................................CLAIMANT/RESPONDENT
VERSUS
THE CO-OPERATIVE BANK OF KENYA LIMITED.....RESPONDENT/APPLICANT
RULING
1. The Application before Court is the Notice of Motion Application filed by the Applicant/Respondent under Section 10 of the Judicature Act, Rules 3(1) and (2) of the Vacation Rules of High Court Practice and Procedure Rules, Section 3A, 53 and 65 of the Civil Procedure Act, Chapter 4 Laws of Kenya, Order 42 Rule 6(2), Order 51 Rule 1 of the Civil Procedure Rules, 2010 and any other enabling provisions of the law.
2. The Applicant seeks stay of execution of the judgement and decree of Judge D.K Marete delivered by J. Onyango Maureen in this suit on 26. 7.2018 pending the hearing and determination of the intended Appeal from the said judgement and decree.
3. The Applicants contend that they have an arguable appeal and stand to suffer substantial loss and irreparable damage if the Court does not grant orders of stay as sought. They also aver that the Claimant will suffer no prejudice if the stay is granted. They contend that the appeal will also be rendered nugatory if the orders are not granted.
4. The Application is supported by the Supporting Affidavit of one Florence Njuguna the Respondent’s Legal Manager herein.
5. The Respondents opposed this application. They filed their Grounds of Opposition.
6. I note that Hon. J. Ongaya had issued orders that the stay orders be granted on condition that the Respondent/Applicant deposits the entire decretal sum in an interest earning account by 20. 9.2018. The Respondent told Court that they had complied with the said orders.
7. It is my view that due to the said order, the issue of stay was determined by the Hon. J. Ongaya and I will confirm the same. The stay will therefore pend pending the hearing and determination of the appeal filed by the Respondent/Applicants.
8. Costs to abide the outcome of the appeal
Dated and delivered in open Court this 20th day of December, 2018.
HON. LADY JUSTICE HELLEN WASILWA
JUDGE
In the presence of
Miss Mbogo holding brief Gachuba for Claimant
Bor holding brief Muthee for Respondent/Applicant