African Cotton Industries Ltd v Patrick Wambua Ikusya [2021] KECA 622 (KLR)
- Court
- Court of Appeal
- Case number
- 622
- Citation
- [2021] KECA 622 (KLR)
- Decided
- 7 May 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for stay of execution of judgment and decreeCoramW. Ouko, W. Karanja, A. Sikie-Makhandia
Holding
The application for stay of execution of the judgment and decree is dismissed with costs to the respondent.
Facts
The respondent filed a claim alleging unlawful and summary dismissal from employment on January 28, 2013. The Employment & Labour Relations Court awarded the respondent damages totaling Ksh. 446,333.35.
Issues
- Whether the appeal is arguable
- Whether the appeal would be rendered nugatory if the stay is not granted
Reasoning
The court found that the appeal is not frivolous and is arguable, but the applicant has not demonstrated that the appeal would be rendered nugatory if the stay is not granted.
Outcome
Appeal dismissed
Orders
- Application for stay of execution of judgment and decree dismissed
Authorities cited
Cases cited (3)
- Safaricom Ltd v. Ocean Beach Hotel Ltd & 2 others [2020] eKLR
- Stanley Kangethe Kinyanjui vs. Tony Ketter & Others [2103] eKLR
- Commissioner of Customs v. Anil Doshi [2007]eKLR
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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