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Ndwati v Nakachi & another (Civil Application E598 of 2024) [2025] KECA 502 (KLR) (21 March 2025) (Ruling)

[2025] KECA 502 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
502
Citation
[2025] KECA 502 (KLR)
Decided
21 March 2025
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for stay of execution of the ruling and orders of the Employment and Labour Relations CourtCoramW. KARANJA, W. KORIR, G. V. ODUNGA
Holding

The application for stay of execution of the ruling and orders of the Employment and Labour Relations Court was dismissed with costs.

Facts

The 1st respondent initiated a suit against the 2nd respondent (Centric Air Ambulance) regarding the withdrawal of his salary. The 1st respondent moved the court seeking a Notice to Show Cause against the applicant (Ndwati). The applicant was joined as an interested party and responded to the application. The Employment and Labour Relations Court ruled in favour of the 1st respondent and ordered the applicant to appear in court to show cause.

Issues

  1. Whether the intended appeal is arguable.
  2. Whether the applicant's liability for the indebtedness of the 2nd respondent is correct.

Reasoning

The court was not satisfied that the intended appeal is arguable. The applicant's challenge in the intended appeal will be directed towards the decision holding him liable for the indebtedness of the 2nd respondent, which was made on a previous date.

Outcome

Dismissed with costs

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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