Patriotic Guards Ltd v James Kipchirchir Sambu [2017] KECA 761 (KLR)
- Court
- Court of Appeal
- Case number
- 761
- Citation
- [2017] KECA 761 (KLR)
- Decided
- 24 February 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellant seeks to stay the execution of the judgment and orders of the trial court pending appealCoramM. K. KOOME, G. B. M. KARIUKI, S. ole KANTAI
Holding
The Motion for stay of execution of the judgment and orders of the trial court is dismissed with costs to the respondent
Facts
Respondent sued the applicant for various remedies in the Employment and Labour Relations Court, where a judgment was entered for Kshs.3,568,210/= on various heads. The applicant filed an application for stay pending appeal, which was granted with conditions. The applicant failed to comply with the conditions.
Issues
- Whether the applicant has an arguable appeal
- Whether the applicant is entitled to a stay of execution of the judgment pending appeal
Reasoning
The applicant failed to comply with the condition of depositing the entire judgment sum in an interest-earning account. The court found that the application is misplaced as there is no arguable point in the appeal and the appeal has been preferred.
Outcome
Appeal dismissed
Orders
- Motion for stay of execution of the judgment and orders of the trial court dismissed
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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