Dalbit Petroleum Limited v Peris Nyambura Kimani [2016] KECA 315 (KLR)
- Court
- Court of Appeal
- Case number
- 315
- Citation
- [2016] KECA 315 (KLR)
- Decided
- 29 July 2016
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellant seeks stay of execution of the Employment and Labour Relations Court's decision and orders to deposit the decretal amount in an interest-earning account pending appeal.CoramE. M. Githinji, P. M. Mwilu, F. Sichahe
Holding
We allow the applicant’s Notice of Motion dated 8th March 2016 in terms of prayers 3 and 4, prayers 1 and 2 having been spent.
Facts
Respondent filed a petition seeking to enforce her constitutional rights against the applicant after being terminated from employment. She alleged discrimination on grounds of pregnancy and sick leave. The trial court ordered her reinstatement and awarded damages and other monetary payments.
Issues
- Whether the appeal is arguable.
- Whether the appeal could be rendered nugatory if stay orders are not granted.
- Whether rule 41 bars this Court from exercising jurisdiction as sought in this application.
Reasoning
The court considers the balance of interests between the applicant and respondent, allowing the stay of execution and deposit of the decretal amount to ensure the applicant's opportunity to appeal.
Outcome
The appeal is allowed in terms of prayers 3 and 4, with costs awarded to the appellant.
Orders
- Order for stay of execution of the Employment and Labour Relations Court's decision.
- Order for deposit of the decretal amount in an interest-earning account pending appeal.
Remedies
- Stay of execution of the Employment and Labour Relations Court's decision.
- Deposit of the decretal amount in an interest-earning account pending appeal.
Authorities cited
Legislation (3)
- Appellate Jurisdiction Act
- Court of Appeal Rules 2010
- Employment and Labour Relations Court Rules
Cases cited (3)
- Galaxy Paint Company Limited v Falcon Guards Limited
- Fernandes v People Newspapers Ltd
- Printing Industries Ltd. vs Bank of Baroda Kenya Ltd
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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