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Kenya Hotels and Allied Workers Union v Southern Sun Hotel [2019] KECA 142 (KLR)

[2019] KECA 142 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
142
Citation
[2019] KECA 142 (KLR)
Decided
22 November 2019
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication to Order Respondent to Deposit Security Pending AppealCoramR. N. Nambuye
Holding

Recall and rescind the order declining to certify the application as urgent, and substitute it with an order certifying the application as urgent.

Facts

Southern Sun Hotel intends to wind up its operations by end of 2020. Applicant filed Notice of Appeal against Employment and Labour Relations Court's decision.

Issues

  1. Whether the application for urgent certification should be granted.
  2. Whether the applicant will suffer prejudice if the respondent winds up its operations before the appeal is heard.

Reasoning

The respondent intends to wind up its operations by end of 2020, and the applicant's intended appeal is arguable. The applicant will be adequately compensated by the TSogo Group.

Outcome

Application granted

Orders

  • Recall and rescind the order declining to certify the application as urgent.
  • Order certifying the application as urgent.
  • Cost of the inter partes hearing in the main application.

Remedies

  • Recall and rescind the order declining to certify the application as urgent.
  • Order certifying the application as urgent.
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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