[2006] KEHC 2034 (KLR)
The court found that the applicant demonstrated sufficient cause for the grant of a stay of execution pending appeal. The court exercised its discretion to preserve the status quo and prevent the appeal from being rendered nugatory. The stay was granted on the basis that the applicant, as employer, would otherwise...
Source-derived case information.
- Citation
- [2006] KEHC 2034 (KLR)
- Parties
- Appellant: Mathias N. Ogama; Appellant: Rebman Ambalo Malala t/a Ujenzi Consultants; Respondent: Joseph Buluma Ogama
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 535 of 2005
- Procedural Posture
- Civil Appeal / Application for Stay of Execution Pending Appeal
- Outcome
- Application for stay of execution granted.
- Legal Topics
- Wrongful Termination, Stay of Execution, Salary Claims
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mathias N. Ogama
Appellant
Rebman Ambalo Malala t/a Ujenzi Consultants
Appellant
Joseph Buluma Ogama
Respondent
Procedural Posture
Civil Appeal / Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the applicant is entitled to a stay of execution pending the hearing of the appeal.
- 2 Whether the respondent is entitled to execute the decreetal sum awarded for wrongful termination.
Ratio Decidendi
The court found that the applicant demonstrated sufficient cause for the grant of a stay of execution pending appeal. The court exercised its discretion to preserve the status quo and prevent the appeal from being rendered nugatory. The stay was granted on the basis that the applicant, as employer, would otherwise suffer prejudice if execution proceeded before the appeal was heard and determined. The court further ordered that costs be in the cause, meaning the issue of costs would abide the outcome of the appeal.
Court Disposition
Application for stay of execution granted.
Orders
- There be a stay of execution of the magistrate's orders pending the hearing of the appeal.
- Costs be in the cause.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Civil Appeal 535 of 2005
MATHIAS N. OGAMA
REBMAN AMBALO MALALA T/A UJENZI CONSULTANTS.....…………………… APPELLANTS
VERSUS
JOSEPH BULUMA OGAMA …………...........................................................…. RESPONDENT
(Being an appeal from the ruling of the Honourable Court Milimani Commercial Court
CMC No.7490 of 2005 at Nairobi by Honourable Cherono dated 15th July 2005.
BETWEEN
JOSEPH BULUMA OGAMA …………...……………….............................………….. PLAINTIFF
VERSUS
MATHIAS NASUBO OGAMA …………..................................……………….. 1ST DEFENDANT
REBMAN AMBALO MALALA
Both T/A UJENZI CONSULTANTS……………………..............................…. 2ND DEFENDANT
RULING
1: BACKGROUND OF APPLICATION
1. The applicant is the employer to the respondent. The parties relationship was that of master/servant.
2. On 29. 7.03 the respondent/original plaintiff sued his employer the applicant original defendant for wrongful termination of his employment. He sort for the court to award him Ksh.455,800/- for his salary owed to him.
3. The trial magistrate awarded this sum and dismissed the applicants counter claim.
4. The respondent now is in the process of executing the said decreetal sum. The applicant employer prays for a stay of execution pending the hearing of the appeal.
5. This court hereby grants the application. There be stay of execution on the magistrates orders pending the hearing of the appeal
6. The costs be in the cause.
Dated this 23rd day of May 2006 at Nairobi.
M.A. ANG’WA
JUDGE
Lubulellah & Associates Advocates for the appellant
Ahmednasir, Abdikadir & Co. Advocates for the respondent- absent