[2015] KEELRC 1552 (KLR)
The court found that the applicant failed to demonstrate that the intended appeal would be rendered nugatory if the stay was not granted, as the judgment was for a monetary sum and there was no evidence that the claimant would be unable to repay the amount if the appeal succeeded. Additionally, the applicant did not...
Source-derived case information.
- Citation
- [2015] KEELRC 1552 (KLR)
- Parties
- Claimant: Robert Bosire Nyagaka; Respondent: Agriculture & Livestock Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1375 of 2011
- Procedural Posture
- Stay Application / Ruling on Application for Stay of Execution Pending Appeal
- Outcome
- application for stay of execution refused with costs
- Legal Topics
- Stay of Execution, Terminal Benefits, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Robert Bosire Nyagaka
Claimant
Agriculture & Livestock Limited
Respondent
Procedural Posture
Stay Application / Ruling on Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the applicant is entitled to a stay of execution of the decree pending appeal.
- 2 Whether the intended appeal would be rendered nugatory if stay is not granted.
- 3 Whether the applicant has demonstrated an arguable appeal.
Ratio Decidendi
The court found that the applicant failed to demonstrate that the intended appeal would be rendered nugatory if the stay was not granted, as the judgment was for a monetary sum and there was no evidence that the claimant would be unable to repay the amount if the appeal succeeded. Additionally, the applicant did not attach a draft memorandum of appeal or otherwise satisfy the court that the intended appeal was arguable. Consequently, the application for stay of execution pending appeal was refused with costs.
Court Disposition
application for stay of execution refused with costs
Orders
- The application for stay of execution pending appeal is refused with costs.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS
COURT OF KENYA AT NAIROBI
CAUSE NO. 1375 OF 2011
ROBERT BOSIRE NYAGAKA …………..…………….. CLAIMANT
VERSUS
AGRICULTURE & LIVESTOCK LIMITED …….….. RESPONDENT
Mr. Khalwale for Applicant / Respondent
Mr. Namada for claimant / Respondent
RULING
1. The Court entertained an application for stay of execution of the judgment of the Court delivered on 19th September 2013 and delivered a ruling on 13th November 2014. The Applicant has since noted an Appeal against the ruling
2. The Applicant moved another Application on 18th November 2014 seeking a stay of execution of the decree issued herein pending the hearing and final determination of the appeal.
3. The Applicant got interim orders from Hon. Nzioki Makau J. pending the hearing and determination of this Application.
4. The judgment of the Court is sounding in money comprising of terminal benefits due and owing to the Claimant who was dismissed from employment on 1st July 2011. There is no evidence that the Claimant is a man of straw and would be unable to repay the amount if the appeal is successful.
5. The Court is not satisfied that the intended Appeal will be rendered nugatory if the stay of execution is not granted.
6. Furthermore, the draft memorandum of Appeal was not attached to this application and from the grounds set out on the face of the Application and the contents of the Supporting Affidavit, the Court is not satisfied that the intended Appeal against the ruling of the Court is arguable.
7. For these reasons, the Application for stay of the ruling of the Court delivered on 13th November 2014 pending the hearing of the intended Appeal is refused with costs.
Dated and delivered at Nairobi this 25th day of February, 2015.
MATHEWS N. NDUMA
PRINCIPAL JUDGE