[2017] KEELRC 1362 (KLR)
The court found that the respondent had demonstrated sufficient grounds for stay of execution pending appeal, particularly the risk that the judgment sum may not be recoverable if paid out and the appeal succeeds. However, the court exercised its discretion to grant the stay on condition that the full decretal sum...
Source-derived case information.
- Citation
- [2017] KEELRC 1362 (KLR)
- Parties
- Applicant: Kenya Plantation & Agricultural Workers Union; Respondent: Greystone Farm Limited (Formerly Equitorial Nut Limited)
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Cause 45 of 2015
- Procedural Posture
- Stay Application / Ruling on Application for Stay of Execution Pending Appeal
- Outcome
- Stay of execution granted on conditions.
- Judges
- B Ongaya
- Legal Topics
- Stay of Execution, Appeal Procedure, Decretal Sum, Security for Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Plantation & Agricultural Workers Union
Applicant
Greystone Farm Limited (Formerly Equitorial Nut Limited)
Respondent
Procedural Posture
Stay Application / Ruling on Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the respondent is entitled to a stay of execution of the decree pending appeal.
- 2 Whether conditions should be imposed for the grant of stay of execution.
Ratio Decidendi
The court found that the respondent had demonstrated sufficient grounds for stay of execution pending appeal, particularly the risk that the judgment sum may not be recoverable if paid out and the appeal succeeds. However, the court exercised its discretion to grant the stay on condition that the full decretal sum be deposited in an interest earning account in the joint names of the claimant union and the applicant’s advocates by a specified date, and that the record of appeal be filed by the same date. Failure to comply with these conditions would entitle the claimant to proceed with execution. The court balanced the interests of both parties by ensuring security for the judgment sum...
Court Disposition
Stay of execution granted on conditions.
Orders
- There be stay of execution of the decree pending hearing and determination of the intended appeal, subject to the applicant depositing the full decretal sum in an interest earning account in the joint names of the claimant union and the applicant’s advocates by 01.07.2017 and filing the record of appeal by 01.07.2017.
- In default of the above, execution to issue.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OF KENYA AT NYERI
CAUSE NO.45 OF 2015
KENYA PLANTATION & AGRICULTURAL WORKERS UNION.......CLAIMANT
VERSUS
GREYSTONE FARM LIMITED.......................................................RESPONDENT
(FORMERLY EQUITORIAL NUT LIMITED)
(Before Hon. Justice Byram Ongaya on Friday 12th May, 2017)
RULING
The court delivered the judgment in the case on 04. 11. 2016. Judgment was entered for the claimant against the respondent and a money decree followed per the decree issued on 11. 11. 2016. The respondent, the applicant, lodged a notice of appeal on 15. 11. 2016. On 15. 12. 2016 the applicant filed a notice of motion under Order 42 Rule 6 of the Civil Procedure Rules and section 3A of the Civil Procedure Act and all enabling laws. The substantive prayer is that there be stay of execution of the decree flowing from the judgment delivered on 04. 11. 2016 pending the lodging, hearing and determination of the applicant’s intended appeal. The main ground in support of the application is that if the judgment sum is paid out as per the judgment and the intended appeal is successful, then, the judgment sum so paid out may not be reclaimed.
Mr. Khisa for the claimant submitted that the stay of execution pending appeal could be allowed subject to depositing the decretal sum in an interest earning account opened in the names of the applicant’s advocates and the claimant union. The typed proceedings in the matter are ready on file for purposes of processing and filing the record of appeal.
In the circumstances, the application by the notice of motion dated 09. 12. 2016 and filed on 15. 12. 2016 is hereby determined with orders:
a. There be stay of execution of the decree herein pending the hearing and determination of the intended appeal but upon the conditions –
i. the applicant to deposit by 01. 07. 2017 the full decretal sum in an interest earning account opened in the joint names of the claimant union and the applicant’s advocates; and
ii. the record of appeal to be filed by 01. 07. 2017.
b. In default of order (a) above, execution to issue.
c. The costs of the application to abide the outcome of the intended appeal or following default under order (b) above, to be paid by the applicant.
Signed, datedanddeliveredin court atNyerithisFriday, 12th May, 2017.
BYRAM ONGAYA
JUDGE