[2023] KEELRC 170 (KLR)
The court found that both the appeal and cross-appeal raise arguable grounds with reasonable prospects of success. Since both parties are dissatisfied with the trial court's judgment and have filed appeals, it would be imprudent to proceed with execution at this stage. Granting a stay of execution would aid the fair...
Source-derived case information.
- Citation
- [2023] KEELRC 170 (KLR)
- Parties
- Appellant: Uzuri Foods Limited; Respondent: Daniel Nyamai Manzi
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Employment and Labour Relations Appeal E078 of 2022
- Procedural Posture
- Employment and Labour Appeal / Ruling on Stay of Execution Pending Appeal
- Outcome
- Stay of execution of the trial court's judgment granted pending appeal.
- Judges
- J Rika
- Legal Topics
- Unfair Termination, Terminal Benefits, Overtime Pay, Holiday Pay, Stay of Execution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Uzuri Foods Limited
Appellant
Daniel Nyamai Manzi
Respondent
Procedural Posture
Employment and Labour Appeal / Ruling on Stay of Execution Pending Appeal
Legal Issues
- 1 Whether execution of the trial court's judgment should be stayed pending determination of the appeal and cross-appeal.
- 2 Whether both the appeal and cross-appeal raise arguable grounds with reasonable prospects of success.
- 3 Whether the absence of a proper record of appeal affects the proceedings.
Ratio Decidendi
The court found that both the appeal and cross-appeal raise arguable grounds with reasonable prospects of success. Since both parties are dissatisfied with the trial court's judgment and have filed appeals, it would be imprudent to proceed with execution at this stage. Granting a stay of execution would aid the fair determination of both the appeal and cross-appeal. The court also noted the absence of a properly paginated, marked, and bound record of appeal, which is necessary for the effective preparation and hearing of the appeal. Accordingly, the court granted a stay of execution of the trial court's judgment pending appeal and directed the parties to file a proper record of appeal...
Court Disposition
Stay of execution of the trial court's judgment granted pending appeal.
Orders
- Execution of decree/judgment of the trial court is stayed pending appeal.
- A proper record of appeal, paginated, marked and bound, shall be filed.
Full Case Text
Judgment text and source record
22 paragraphs
Uzuri Foods Limited v Manzi (Employment and Labour Relations Appeal E078 of 2022) [2023] KEELRC 170 (KLR) (31 January 2023) (Ruling)
Neutral citation: [2023] KEELRC 170 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Employment and Labour Relations Appeal E078 of 2022
J Rika, J
January 31, 2023
Between
Uzuri Foods Limited
Appellant
and
Daniel Nyamai Manzi
Respondent
Ruling
1. Judgment was delivered by the trial court, on June 2, 2022.
2. The respondent employee had filed claim against the appellant employer, for terminal benefits and compensation for unfair termination.
3. He was granted the prayer for overtime at Kshs 1,876,046, holiday pay at Kshs 118,000, certificate of service, costs and interest.
4. The bulk of the claim on unfair termination was declined.
5. The appellant filed memorandum of appeal on June 21, 2022. The respondent filed a cross-appeal dated July 8, 2022.
6. The appellant filed an application for stay of execution pending appeal, dated August 2, 2022. Although the application is opposed, through the replying affidavit sworn by the respondent’s advocate on September 11, 2022, it is noted that the respondent has cross-appealed. Both parties are dissatisfied with the judgment of the trial court, and the order of stay of that judgment, would aid the appeal and the cross-appeal. Parties are both not satisfied with the trial court’s judgment, and it would be imprudent to proceed with execution. In any event the court is satisfied that both appeal and cross-appeal have arguable grounds of appeal, with reasonable prospects of success, to warrant stay of execution.
7. The court notes also that there is no properly paginated, marked and bound record of appeal. Loose papers on record do not assist the court in preparing its judgment on appeal.It is ordered: -a.Execution of decree/ judgment of the trial court is stayed pending appeal.b.A proper record of appeal, paginated, marked and bound, shall be filed.c.Thereafter, parties to schedule the appeal for directions.
DATED, SIGNED AND RELEASED TO THE PARTIES ELECTRONICALLY, AT NAIROBI, UNDER THE MINISTRY OF HEALTH AND JUDICIARY COVID-19 GUIDELINES, THIS 31ST DAY OF JANUARY 2023. JAMES RIKAJUDGE