[2021] KEELRC 1334 (KLR)

[2021] KEELRC 1334 (KLR)

The court found that the application for leave to appeal and stay of execution was straightforward and that the interests of justice would be served by granting the orders sought, provided the appellant deposits the decretal sum of Kshs. 1,647,290 in court within seven days. Failure to comply would result in the...

Source-derived case information.

Citation
[2021] KEELRC 1334 (KLR)
Parties
Appellant: The Scott Travel Group Limited; Respondent: Mary Njoki Kahonge
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Nairobi
Jurisdiction
Kenya
Case Number
Appeal E030 of 2021
Procedural Posture
Employment and Labour Appeal / Ruling on Application for Leave to Appeal and Stay of Execution
Outcome
Application allowed conditionally.
Judges
AN Makau
Legal Topics
Stay of Execution, Leave to Appeal, Security for Due Performance
Source Language
en
Employment and Labour Stay of Execution Leave to Appeal Security for Due Performance

Source-derived case record

Summary, issues, holding and outcome

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Parties

The Scott Travel Group Limited

Appellant

Mary Njoki Kahonge

Respondent

Procedural Posture

Employment and Labour Appeal / Ruling on Application for Leave to Appeal and Stay of Execution

Legal Issues

  1. 1 Whether the appellant should be granted leave to commence the appeal.
  2. 2 Whether a stay of execution should be granted pending appeal and on what conditions.

Ratio Decidendi

The court found that the application for leave to appeal and stay of execution was straightforward and that the interests of justice would be served by granting the orders sought, provided the appellant deposits the decretal sum of Kshs. 1,647,290 in court within seven days. Failure to comply would result in the vacation of both the leave and the stay. The court exercised its discretion to balance the rights of both parties, ensuring that the respondent's interests were secured by the conditional deposit while allowing the appellant to pursue the appeal.

Court Disposition

Application allowed conditionally.

Orders

  • Leave to commence the appeal is granted to the appellant.
  • Stay of execution is granted on condition that the appellant deposits Kshs. 1,647,290 in court within 7 days.