[2024] KEELRC 13353 (KLR)
The court found that the appellant's application for stay of execution was fatally defective due to inconsistencies in the dates of the judgment or decree referenced in the prayers and supporting documents. Furthermore, the court noted that if the judgment was delivered on 9th October 2024, as stated in the...
Source-derived case information.
- Citation
- [2024] KEELRC 13353 (KLR)
- Parties
- Appellant: Tabitha Mumbua Maliti t/a Twins Hardware & Auto Spares; Respondent: Ole Muna Orasirasi
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Appeal E080 of 2024
- Procedural Posture
- Civil Appeal / Ruling on Application for Stay of Execution Pending Appeal
- Outcome
- application declined
- Judges
- J Rika
- Legal Topics
- Stay of Execution, Appeal Timelines, Procedure on Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Tabitha Mumbua Maliti t/a Twins Hardware & Auto Spares
Appellant
Ole Muna Orasirasi
Respondent
Procedural Posture
Civil Appeal / Ruling on Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the application for stay of execution is competent and properly before the court.
- 2 Whether the appeal was filed within the statutory period allowed under the Employment and Labour Relations Court (Procedure) Rules, 2024.
Ratio Decidendi
The court found that the appellant's application for stay of execution was fatally defective due to inconsistencies in the dates of the judgment or decree referenced in the prayers and supporting documents. Furthermore, the court noted that if the judgment was delivered on 9th October 2024, as stated in the memorandum of appeal, the appeal was filed outside the 30-day period prescribed by Rule 12(1) of the Employment and Labour Relations Court (Procedure) Rules, 2024. Consequently, the application for stay of execution was declined.
Court Disposition
application declined
Orders
- The application for stay of execution is declined.
- No order as to costs.
Full Case Text
Judgment text and source record
21 paragraphs
Twins Hardware & Auto Spares v Orasirasi (Appeal E080 of 2024) [2024] KEELRC 13353 (KLR) (6 December 2024) (Ruling)
Neutral citation: [2024] KEELRC 13353 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nakuru
Appeal E080 of 2024
J Rika, J
December 6, 2024
Between
Tabitha Mumbua Maliti t/a Twins Hardware & Auto Spares
Appellant
and
Ole Muna Orasirasi
Respondent
Ruling
1. The Application filed by the Appellant dated 4th December 2024, seeking an order of stay of execution of Judgment/ Decree of the Trial Court, is fatally defective.
2. Prayer [b] refers to Judgment / Decree made on 9th October 2024.
3. Prayer [c] refers to Judgment / Decree made on 11th June 2024.
4. A copy of the Judgment exhibited by the Appellant does not seem to disclose the date of delivery.
5. The Memorandum of Appeal states the date of Judgment / Decree is 9th October 2024.
6. If delivery was on 9th October 2024, the Appeal was filed outside the period of 30 days, allowed under Rule 12 [1] of the Employment and Labour Relations Court [Procedure] Rules, 2024. It is ordered: -a.The Application is declined.b.No order on the costs.
DATED, SIGNED AND DELIVERED ELECTRONICALLY VIA E-MAIL, AT NAKURU, THIS 6TH DAY OF DECEMBER 2024. James RikaJudge