Thomas Sila Nzivo v Bamburi Cement Limited [2015] KEELRC 1429 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1429
- Citation
- [2015] KEELRC 1429 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeIndustrial CourtPostureRespondent's application for stay of execution dismissedCoramJames Rika
Holding
Respondent's application for stay of execution is dismissed.
Facts
Claimant sought to execute an award of Kshs.354,923 from Respondent. Respondent filed an application for stay of execution, arguing that deductions would make the sum awarded negative.
Issues
- Claimant's loan to Citibank was not part of Respondent's pleading and evidence.
- Respondent's application introduced new claims without allowing the Claimant to challenge them.
- Only statutory deductions are allowed outside the parties' pleadings and evidence.
Reasoning
The Court found that the loan amount to Citibank was not part of the Respondent's pleading and evidence, and that the Respondent's application introduced new claims without allowing the Claimant to challenge them. Only statutory deductions are allowed outside the parties' pleadings and evidence.
Outcome
Claimant's application for stay of execution is dismissed.
Orders
- Application for stay of execution by Respondent is rejected.
- Costs of the application to the Claimant.
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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