Hall Equatorial Limited v Abdul Rahim [2020] KECA 166 (KLR)

Facts

Hall Equatorial Limited moved the Court under Rule 5(2)(b) seeking an order to stay the ruling of H. Wasilwa, J. of the Employment & Labour Relations Court dated 21st May, 2019, granting a stay of her judgment delivered on 16th February, 2018. The applicant was ordered to pay a total sum of Kshs 4,629,955.00 to the respondent. In the ruling of 21st May, 2019, the court directed that half of the decretal amount be paid to the respondent and the other half be deposited in a joint interest account held by the advocates on record within sixty (60) days of the ruling.

Issues

1. Whether the conditional stay is inimical to the conditions for the grant of stay as set out in Order 42 Rule 6 of the Civil Procedure Rules.
2. Whether the trial court failed to consider whether the respondent will be able to refund the sum paid to him, should the appeal be successful.

Reasoning

The applicant is aggrieved by the order to have half the decretal sum paid to the respondent. The applicant contends that the trial court failed to consider whether the respondent will be able to refund the sum paid to him, should the appeal be successful. The respondent opposes the motion on the basis that he is enduring hardship on account of loss of employment.

Outcome

The order of stay is granted.