[2016] KEELRC 129 (KLR)
The court found that while the applicant has an arguable appeal, justice requires balancing the right of the claimant to enjoy the fruits of judgment against the applicant's right to appeal. The court determined that payment of half the decretal sum to the claimant and deposit of the balance in court would not...
Source-derived case information.
- Citation
- [2016] KEELRC 129 (KLR)
- Parties
- Applicant: Patrick Mutune Kimeu; Respondent: Athi Stores Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1421 of 2013
- Procedural Posture
- Stay Application / Ruling on Application for Stay of Execution Pending Appeal
- Outcome
- Conditional stay of execution granted pending appeal.
- Legal Topics
- Stay of Execution, Appeal Procedure, Decretal Sum, Balancing Equities
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick Mutune Kimeu
Applicant
Athi Stores Limited
Respondent
Procedural Posture
Stay Application / Ruling on Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether to grant a stay of execution of the judgment pending appeal.
- 2 Whether payment of part of the decretal sum to the claimant is just pending appeal.
Ratio Decidendi
The court found that while the applicant has an arguable appeal, justice requires balancing the right of the claimant to enjoy the fruits of judgment against the applicant's right to appeal. The court determined that payment of half the decretal sum to the claimant and deposit of the balance in court would not render the appeal nugatory and would serve the interests of justice. Therefore, a conditional stay was appropriate.
Court Disposition
Conditional stay of execution granted pending appeal.
Orders
- Stay of the judgment delivered on 29th July 2016 pending appeal.
- Respondent to pay the claimant half of the judgment sum and deposit the balance with the court within ten days of this ruling, failing which the stay lapses and execution may issue.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAIROBI
CAUSE NO. 1421 OF 2013
PATRICK MUTUNE KIMEU..........................................CLAIMANT
VERSUS
ATHI STORES LIMITED.......................................RESPONDENT
RULING
1. The applicant seeks stay of execution of judgment of Nzioki Makau J. delivered on 29th June 2016 in favour of the claimant.
2. The court has considered the submissions by both parties and has come to the conclusion that the applicant has an arguable appeal but the dictates of justice require a balancing act, in that the claimant has waited for a long time to get his day in court and should be allowed to enjoy part of the decretal sum pending appeal.
3. The application was brought timeously but the court is satisfied that payment of half the decretal sum will not render the appeal nugatory.
4. Accordingly, the court makes the following orders;
i. The court grants stay of the judgment delivered on 29th July 2016 pending appeal.
ii. The respondent to pay the claimant half of the judgment sum and deposit the balance with the court within ten (10) days of this ruling failing which the order for stay of execution to automatically lapse and execution to issue.
Dated and delivered at Nairobi this 20th day of December, 2016
MATHEWS NDERI NDUMA
PRINCIPAL JUDGE