Letan Limited & 2 others v Nderitu Kaguu Githae & 8 others [2021] KECA 818 (KLR)
- Court
- Court of Appeal
- Case number
- 818
- Citation
- [2021] KECA 818 (KLR)
- Decided
- 19 March 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for Stay of ExecutionCoramM. K. KOOME, K. M’INOTI, A. K. MURGOR
Holding
The application for stay of execution and stay of further proceedings is allowed.
Facts
The Employment and Labour Relations Court (ELRC) entered an ex parte judgment in favor of the respondents against the applicants, Letan Limited, Ledama Ole Mesopir, and Lliota Hill Springs. The applicants were aggrieved and sought to substitute the deceased respondent, Ledama Ole Mesopir, and stay the execution of the judgment.
Issues
- Whether the application for substitution and stay of execution is arguable and not frivolous.
- Whether the appeal would be rendered nugatory if the orders sought are not granted.
Reasoning
The court found that the application was arguable and not frivolous, and that the appeal would be rendered nugatory if the orders were not granted.
Outcome
The application is allowed.
Orders
- The application for substitution of the deceased respondent is granted.
- The application for stay of execution is granted.
- The application for stay of further proceedings is granted.
Remedies
- Stay of execution of the orders of the ELRC.
- Stay of further proceedings in the trial court.
Authorities cited
Cases cited (1)
- Jaribu Holdings Ltd vs Kenya Commercial Bank Ltd CA No. 314 of 2007
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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