[2016] KEELRC 334 (KLR)
The court found that the appellant had demonstrated sufficient cause for the grant of a conditional stay of execution, given that auctioneers had already moved to attach the appellant's properties and the cause of action arose from an employment relationship. The court exercised its discretion to grant a stay of...
Source-derived case information.
- Citation
- [2016] KEELRC 334 (KLR)
- Parties
- Appellant: Savanna International Limited; Respondent: Joel Omagwa Momwanyi; Respondent: Savanna Plant Kenya Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Appeal 7 of 2016
- Procedural Posture
- Stay Application / Interlocutory Application for Stay Pending Appeal
- Outcome
- Conditional stay of execution granted pending inter partes hearing.
- Judges
- MSA Makhandia
- Legal Topics
- Stay of Execution, Transfer of Proceedings, Auctioneer Fees
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Savanna International Limited
Appellant
Joel Omagwa Momwanyi
Respondent
Savanna Plant Kenya Limited
Respondent
Procedural Posture
Stay Application / Interlocutory Application for Stay Pending Appeal
Legal Issues
- 1 Whether the appellant is entitled to a stay of execution pending appeal.
- 2 Whether the transfer of proceedings to the Employment and Labour Relations Court was proper.
- 3 Whether the appellant should deposit the decretal sum and auctioneer's fees as a condition for stay.
Ratio Decidendi
The court found that the appellant had demonstrated sufficient cause for the grant of a conditional stay of execution, given that auctioneers had already moved to attach the appellant's properties and the cause of action arose from an employment relationship. The court exercised its discretion to grant a stay of execution on the condition that the appellant deposit both the decretal sum and the auctioneer's fees into court by a specified date. The court further ordered that any attached or proclaimed properties be released upon such deposit, and directed that the motion be served for inter partes hearing. The transfer of proceedings to the Employment and Labour Relations Court was also...
Court Disposition
Conditional stay of execution granted pending inter partes hearing.
Orders
- Proposed order 2 of the motion granted on condition that the decretal sum of Kshs 92,114.58 and Kshs 63,435.00 being auctioneer's fee are deposited into court on or before 18 November 2016.
- If any properties have been proclaimed or attached, the same should be released on deposit of the decretal sum and auctioneer's fee into court.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAKURU
APPEAL NO. 7 OF 2016
(Originally Naivasha High Court Civil Appeal No. 75 of 2016)
SAVANNA INTERNATIONAL LIMITED APPELLANT
v
JOEL OMAGWA MOMWANYI 1ST RESPONDENT
SAVANNA PLANT KENYA LIMITED 2ND RESPONDENT
RULING
1. The Appellant moved the High Court in Naivasha on 7 November 2016 seeking stay pending appeal.
2. The High Court granted temporary stay of execution pending appeal and at the same time transferred the proceedings to this Court because the cause of action arose within the course of employment.
3. The file was transfered to this Court and on 10 November 2016, the Appellant urged the motion dated 7 November 2016.
4. The documents placed before Court show that auctioneers had moved to attach the Appellant’s properties.
5. The Court will in the circumstances grant proposed order 2 of the motion on condition that the decretal sum of Kshs 92,114/58 and Kshs 63,435/- being auctioneers fee as exhibited in the fee note are deposited into Court on or before 18 November 2016.
6. If any properties have been proclaimed/attached, the same should be released on deposit of the decretal sum and auctioneers fee into Court.
7. The motion to be served for inter partes hearing on 22 November 2016.
8. Costs in the cause.
Delivered, dated and signed in Nakuru on this 11th day of November 2016.
Radido Stephen
Judge
Appearances
For Appellant Ms. Nasimiyu instructed by Mukite Musangi & Co. Advocates
For Respondent not yet served
Court Assistants Nixon/Daisy