[2015] KEELRC 1560 (KLR)
The court found that the applicant failed to demonstrate that the intended appeal was arguable, as no grounds or merits of the appeal were disclosed in the application or supporting affidavit. Furthermore, the court held that the judgment was for a sum of money and there was no evidence that the respondent would be...
Source-derived case information.
- Citation
- [2015] KEELRC 1560 (KLR)
- Parties
- Claimant: Stanley Mombo Amuti; Respondent: National Water Conservation & Pipeline Corporation
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1528 of 2011
- Procedural Posture
- Stay Application / Ruling on Application for Stay of Execution Pending Appeal
- Outcome
- application dismissed with costs
- Legal Topics
- Stay of Execution, Terminal Benefits, Appeal Requirements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stanley Mombo Amuti
Claimant
National Water Conservation & Pipeline Corporation
Respondent
Procedural Posture
Stay Application / Ruling on Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the applicant has satisfied the conditions for grant of stay of execution pending appeal.
- 2 Whether the intended appeal is arguable.
- 3 Whether failure to grant stay would render the appeal nugatory.
Ratio Decidendi
The court found that the applicant failed to demonstrate that the intended appeal was arguable, as no grounds or merits of the appeal were disclosed in the application or supporting affidavit. Furthermore, the court held that the judgment was for a sum of money and there was no evidence that the respondent would be unable to repay the amount if the appeal succeeded. Therefore, the applicant did not meet the requirements for the grant of a stay of execution pending appeal. The application was dismissed with costs to the respondent.
Court Disposition
application dismissed with costs
Orders
- The application for stay of execution pending appeal is dismissed with costs.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS
COURT OF KENYA AT NAIROBI
CAUSE NO. 1528 OF 2011
STANLEY MOMBO AMUTI …………………………… CLAIMANT
VERSUS
NATIONAL WATER CONSERVATION &
PIPELINE CORPORATION ………………………. RESPONDENT
RULING
1. The Applicant seeks an order for stay of execution of the judgment of the Court delivered on 1st October 2014 pending the hearing and determination of the intended Appeal.
2. The Applicant submits that the judgment debt is for a sum of Kshs.9,938,800. 00 and is likely to involve attachment of vital equipment and assets of the Applicant who is a state corporation and thereby hinder the performance of its Statutory mandate.
3. That the Corporation is willing to put up such reasonable security for the payment of the judgment debt.
4. That there has been no substantial delay in filing the application.
5. That the Application be granted to protect public interest.
6. The Application is further supported by the Affidavit of Justus A. Wabuyabo, the General Manager Corporate and legal services of Applicant.
7. Upon a careful perusal of the grounds in support of the Application set out on the face of the Notice of Motion and the contents of the supporting Affidavit aforesaid, there is not a single mention of the merits of the intended Appeal.
8. The Applicant has not indicated any grounds upon which the intended appeal is based.
9. It is a requirement that the intended appeal be arguable for the Court to grant a stay of execution.
10. The Court can only determine whether or not the intended Appeal is arguable from the contents of the Application.
In the circumstances the Applicant has failed in this respect.
11. With regard to the 2nd requirement, being whether failure to grant the stay would render the Appeal nugatory, the Court notes that the judgment is sounding in money and there is no indication that the Claimant / Respondent is a man of straw.
12. The Appeal will thus not be rendered nugatory if the stay of execution is not granted.
13. The judgment debt is in respect of terminal benefits arising from completed and uncompleted term of contract. The Claimant is entitled to enjoy the fruits of the judgment.
Accordingly the Application for stay of execution pending Appeal is dismissed with costs.
Dated and Delivered at Nairobi this 6th day of February, 2015
MATHEWS N. NDUMA
PRINCIPAL JUDGE