[2015] KEELRC 1097 (KLR)
The court found that the respondent had satisfied the conditions for grant of stay of execution pending appeal. The respondent demonstrated that there is an arguable appeal, security has been deposited in court, the appeal process has been initiated, and the application for stay was made without delay. The claimant...
Source-derived case information.
- Citation
- [2015] KEELRC 1097 (KLR)
- Parties
- Applicant: Transport and Allied Workers Union; Respondent: Comarco Properties (EPZ) Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 118 of 2012
- Procedural Posture
- Stay Application / Ruling on Application for Stay of Execution Pending Appeal
- Outcome
- stay of execution granted
- Legal Topics
- Stay of Execution, Appeal Procedure, Security for Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Transport and Allied Workers Union
Applicant
Comarco Properties (EPZ) Limited
Respondent
Procedural Posture
Stay Application / Ruling on Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the respondent has satisfied the legal requirements for grant of stay of execution pending appeal.
- 2 Whether the claimant has demonstrated the ability to refund the decretal sum if the appeal succeeds.
Ratio Decidendi
The court found that the respondent had satisfied the conditions for grant of stay of execution pending appeal. The respondent demonstrated that there is an arguable appeal, security has been deposited in court, the appeal process has been initiated, and the application for stay was made without delay. The claimant did not show that the decretal sum could be refunded to the respondent if the appeal succeeds. Accordingly, the court exercised its discretion to grant a stay of execution of the decree arising from the award delivered on 20th March 2015.
Court Disposition
stay of execution granted
Orders
- Execution of the decree from the award of this court delivered on 20th March, 2015 is stayed.
- No order on the costs.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN INDUSTRIAL COURT AT MOMBASA
CAUSE NO. 118 OF 2012
(Originally Cause Number 497 of 2011 in the Industrial Court at Nairobi)
BETWEEN
TRANSPORT AND ALLIED WORKERS UNION...........CLAIMANT
VERSUS
COMARCO PROPERTIES (EPZ) LIMITED...............RESPONDENT
RULING
The Court is satisfied, the Respondent has satisfied the conditions required for the grant of an order of stay of execution.
The Industrial Court (Procedure) Rules 2010 are not silent on the requirements for grant of stay as submitted by Mr. Sitonik.
Rule 31 (2) of the Rules adopts the Rules applicable in the High Court on execution of decrees.
The standards adopted by the Respondent from the High Court, in arguing this application are the correct measure.
There is an arguable appeal. It does not have to be demonstrated that appeal shall be successful. There is security deposited in court; the Respondent has instigated the process of appeal; and has approached this Court for stay in good time. The Claimant has not made any attempt to show that the Grievant would be able to refund to the Respondent the sum decreed, in event the appeal is successful.
In the circumstances the court orders:-
(a) Execution of the decree from the Award of this court delivered on 20th March, 2015 is stayed
(b) No order on the Costs.
Dated and delivered at Mombasa this 11th day of May 2015.
James Rika
Judge