[1998] KECA 211 (KLR)
The Court found that even if the applicant had an arguable appeal, which it doubted, the applicant failed to demonstrate that the appeal would be rendered nugatory if the stay was not granted. The sum in dispute was not shown to be irrecoverable or that execution would cause irreparable harm. Therefore, the...
Source-derived case information.
- Citation
- [1998] KECA 211 (KLR)
- Parties
- Applicant: Manchester Outfitters Ltd.; Respondent: Chege Njoroge; Respondent: Gabriel Nyanja; Respondent: John Oluoch Onhonji; Respondent: Racheal Kaloki Andayi; Respondent: Alexander Etindi & 27 Others
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 34 of 1998
- Procedural Posture
- Stay Application / Application for Stay of Execution Pending Appeal
- Outcome
- application dismissed with costs
- Judges
- JE Gicheru
- Legal Topics
- Terminal Benefits, Stay of Execution, Industrial Court Awards
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Manchester Outfitters Ltd.
Applicant
Chege Njoroge
Respondent
Gabriel Nyanja
Respondent
John Oluoch Onhonji
Respondent
Racheal Kaloki Andayi
Respondent
Alexander Etindi & 27 Others
Respondent
Procedural Posture
Stay Application / Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the applicant has demonstrated an arguable appeal warranting a stay of execution.
- 2 Whether the appeal would be rendered nugatory if the stay is not granted.
Ratio Decidendi
The Court found that even if the applicant had an arguable appeal, which it doubted, the applicant failed to demonstrate that the appeal would be rendered nugatory if the stay was not granted. The sum in dispute was not shown to be irrecoverable or that execution would cause irreparable harm. Therefore, the application for stay of execution lacked merit and was dismissed with costs.
Court Disposition
application dismissed with costs
Orders
- The application for stay of execution is dismissed with costs.
Full Case Text
Judgment text and source record
32 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: GICHERU, OMOLO & TUNOI, JJ.A.)
CIVIL APPLICATION NO. NAI. 34 OF 1998 (16/98 UR)
BETWEEN
MANCHESTER OUTFITTERS LTD. ...........................APPLICANT
AND
CHEGE NJOROGE
GABRIEL NYANJA
JOHN OLUOCH ONHONJI
RACHEAL KALOKI ANDAYI
ALEXANDER ETINDI & 27 OTHERS .......................RESPONDENTS
(Application for stay of execution against the ruling of the High Court of Kenya (Hon. Mr. Justice Sheikh Amin) delivered on the 5th February, 1998 in H.C.C.C. NO. 583 OF 1997
*******************
RULING OF THE COURT
This application brought under rule 5 (2) (b) of the Rules seeks an order to stay execution of the orders delivered by Amin, J. On 5th February, 1998, pending an intended appeal. The subject matter of the proceedings in the superior court involves terminal benefits of employees which have already been declared by the Industrial Court. The order of the superior court which the application seeks to stay is an order affirming an award of the Industrial Court.
Mr. Wandugi, Counsel for the applicant, has informed us that the sum of money in dispute amounts to Shs.85,000/=. Assuming that the applicant has an arguable appeal, which we do not think it has, it has not shown that the appeal would be rendered nugatory in the event of success. In the circumstances we think this application is devoid of merit and we dismiss it with costs.
Dated and delivered at Nairobi this 11th day of March,
1998.
J. E. GICHERU
...............
JUDGE OF APPEAL
R. S. C. OMOLO
...............
JUDGE OF APPEAL
P. K. TUNOI
...............
JUDGE OF APPEAL
I certify that this is
a true copy of the original.
DEPUTY REGISTRAR