[2025] KEELRC 529 (KLR)
The court found that the appeal was not frivolous and that if a stay of execution was not granted, the appeal would be rendered nugatory and an academic exercise. The court was careful not to prejudge the merits of the appeal but determined that the circumstances justified the grant of a stay of proceedings in the...
Source-derived case information.
- Citation
- [2025] KEELRC 529 (KLR)
- Parties
- Appellant: Sylivester Mzae Nyange; Respondent: Asusa Transporters Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Appeal E271 of 2024
- Procedural Posture
- Stay Application / Ruling on Application for Stay of Execution Pending Appeal
- Outcome
- application for stay of execution allowed
- Judges
- K Ocharo
- Legal Topics
- Stay of Execution, Appeal Procedure, Abuse of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sylivester Mzae Nyange
Appellant
Asusa Transporters Limited
Respondent
Procedural Posture
Stay Application / Ruling on Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the appellant is entitled to a stay of execution of the ruling and consequential orders issued on 4th December 2024 pending appeal.
- 2 Whether failure to grant stay would render the appeal nugatory.
Ratio Decidendi
The court found that the appeal was not frivolous and that if a stay of execution was not granted, the appeal would be rendered nugatory and an academic exercise. The court was careful not to prejudge the merits of the appeal but determined that the circumstances justified the grant of a stay of proceedings in the lower court pending the hearing and determination of the appeal. The absence of opposition from the respondent and the procedural history, including the setting aside of the lower court judgment and the dismissal of a related appeal as an abuse of process, further supported the need for a stay to preserve the subject matter of the appeal.
Court Disposition
application for stay of execution allowed
Orders
- Pending the hearing and determination of the appeal, the proceedings in CM-ELRC E007/2022 are stayed.
- The applicant to file and serve the record of appeal within 30 days of this ruling.
Full Case Text
Judgment text and source record
21 paragraphs
Nyange v Asusa Transporters Limited (Appeal E271 of 2024) [2025] KEELRC 529 (KLR) (13 February 2025) (Ruling)
Neutral citation: [2025] KEELRC 529 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Mombasa
Appeal E271 of 2024
K Ocharo, J
February 13, 2025
Between
Sylivester Mzae Nyange
Appellant
and
Asusa Transporters Limited
Respondent
Ruling
1. Through the application dated 7th January 2025, the Appellant/Applicant sought for a stay of execution of the ruling and consequential orders issued on 4th December 2024 in CM-ELRC E007/2022 – Sylvester Mzae Nyagha -vs- Asusa Transporters Ltd pending the hearing and determination of the appeal herein.
2. The application is premised on the grounds set out on the face of the application and those on the supporting affidavit sworn on the 7th January 2025.
3. Despite being served with the application, the Respondent did not file any document in opposition thereto.
4. I have carefully considered the grounds in support of the application and the more importantly that through ELRCA E134 of 2024, the Respondent assailed the judgment of the Learned Trial Magistrate in the above stated lower court matter, same judgment which the Learned Magistrate did subsequently, as the appeal was pending, set aside following an application by the Respondent, the appeal has since been dismissed as being an abuse of the court process.
5. By reason of the foregoing, and being careful not to appear to be prejudging the pending appeal, I conclude that the appeal is not an idle appeal, and if the orders sought is not granted, if successful, it shall be rendered nugatory and an academic exercise.
6. Consequently, I allow the application of the following terms:-a.Pending the hearing and determination of the appeal herein, the proceedings in CM- ELRC E007/2022 are hereby stayed.b.The applicant to file and serve the record of appeal within 30 days of this ruling.
DATED SIGNED AND DELIVERED THIS 13TH DAY OF FEBRUARY 2025OCHARO KEBIRAJUDGE