Barclays Bank of Kenya Limited v Tarus (Civil Appeal (Application) 244 of 2020) [2022] KECA 1174 (KLR) (21 October 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 1174
- Citation
- [2022] KECA 1174 (KLR)
- Decided
- 21 October 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil Appeal (Application)PostureAppellant seeks stay of execution of the judgment from the Employment and Labour Relations CourtCoramA. K. MURGOR, J. MOHAMMED, DR. K. I. LAIBUTA
Holding
The application is dismissed with costs
Facts
The Employment and Labour Relations Court (ELRC) in Nairobi delivered a judgment on June 26, 2020, finding the termination of the respondent's employment unfair and unlawful, and awarding compensation of Kshs.2,400,000.00. The appellant filed an appeal in the Court of Appeal on August 4, 2021, but the respondent has not yet submitted her written submissions.
Issues
- Whether the appeal is arguable
- Whether the appeal, if successful, would be rendered nugatory if the stay of execution is not granted
Reasoning
The Court found the appeal arguable but dismissed it as the appeal would not be rendered nugatory if the stay of execution is not granted.
Outcome
Appeal dismissed
Orders
- The application for stay of execution of the judgment from the Employment and Labour Relations Court is dismissed
Authorities cited
Cases cited (2)
- Trust Bank Limited and Another v. Investech Bank Limited and 3 Others [2000] eKLR
- Stanley Kang'ethe Kinyanjui v Tony Ketter & 5 Others [2013] 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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