Sotik Highlands Tea Estates Ltd v Kenya Plantation and Agricultural Workers Union (Civil Application 4 of 2017) [2017] KECA 745 (KLR) (1 March 2017) (Ruling)
- Court
- Court of Appeal
- Case number
- 745
- Citation
- [2017] KECA 745 (KLR)
- Decided
- 1 March 2017
The application is granted on terms that the appeal is processed through case management and set down for hearing within sixty (60) days of today's ruling. In default, the stay order shall be discharged without further application to the Court.
Facts
Sotik Highlands Tea Estates Limited filed a Notice of Motion seeking a stay of execution of the judgment of the Employment and Labour Relations Court dated November 14, 2016, pending the hearing and determination of an intended appeal.
Issues
- Whether the intended appeal is arguable.
- Whether the intended appeal would be rendered nugatory if the application is not granted.
Reasoning
The Court found the appeal to be arguable and that the intended appeal would not be rendered nugatory if the application is not granted. The Court also considered the respondent's concession and the assurance given by the applicant's counsel.
Outcome
The application is granted.
Orders
- The appeal is processed through case management and set down for hearing within sixty (60) days of today's ruling.
- In default, the stay order shall be discharged without further application to the Court.
Remedies
- Stay of execution of the judgment of the ELC Court pending the hearing and determination of the intended appeal.
Authorities cited
Legislation (2)
- Court of Appeal Rules 2010
- Employment and Labour Relations Court Act
Cases cited (2)
- Multimedia University & Another v Professor Gitile N. Naituli (2014) eKLR
- Stanley Kangethe Kinyanjui v Tony Ketter & Others (2013) eKLR
Loading judgment…