[2019] KEELRC 1882 (KLR)
The court found that the application by the Respondent for stay of execution, setting aside of judgment, and leave to respond to the claim could not be granted. The reasons for this decision were already addressed in the judgment and the earlier ruling dated 22nd February 2019. The court was not persuaded that the...
Source-derived case information.
- Citation
- [2019] KEELRC 1882 (KLR)
- Parties
- Claimant: Peter Mutune; Respondent: Yalfa Cargo Logistics Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 528 of 2016
- Procedural Posture
- Cause / Ruling on Application for Stay and Setting Aside Judgment
- Outcome
- application dismissed
- Legal Topics
- Stay of Execution, Setting Aside Judgment, Leave to Defend
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Mutune
Claimant
Yalfa Cargo Logistics Ltd
Respondent
Procedural Posture
Cause / Ruling on Application for Stay and Setting Aside Judgment
Legal Issues
- 1 Whether the Respondent is entitled to a stay of execution of the judgment.
- 2 Whether the judgment on record should be set aside.
- 3 Whether the Respondent should be granted unconditional leave to respond to the claim.
Ratio Decidendi
The court found that the application by the Respondent for stay of execution, setting aside of judgment, and leave to respond to the claim could not be granted. The reasons for this decision were already addressed in the judgment and the earlier ruling dated 22nd February 2019. The court was not persuaded that the Respondent had demonstrated sufficient cause or met the threshold for the orders sought. Accordingly, the application was rejected.
Court Disposition
application dismissed
Orders
- The Application filed by the Respondent on 28th February 2019 is rejected with no order on the cost.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR
RELATIONS COURT AT MOMBASA
CAUSE NUMBER 528 OF 2016
BETWEEN
PETER MUTUNE ……………............................... CLAIMANT
VERSUS
YALFA CARGO LOGISTICS LTD.......................RESPONDENT
RULING
1. This matter comes up for Ruling, on an Application filed by the Respondent on 28th February 2019, asking the Court to issue orders of stay of execution; setting aside of Judgment on record; and grant the Respondent unconditional leave to respond to the Claim.
2. The Application was heard on 14th March 2019.
3. The history of the Cause is explained in the Judgment on record, at paragraph 2. It was restated in another Ruling dated 22nd February 2019.
4. The Application filed on 28th February 2019 cannot be granted. The reasons for this are captured in the Judgment, and Ruling dated 22nd February 2019.
IT IS ORDERED:-
a) The Application filed by the Respondent on 28th February 2019 is rejected with no order on the cost.
Dated and delivered at Mombasa this 28th day of March 2019.
James Rika
Judge