Wiseley Patrick Simasi & 8 Others v Lamanthe Hygiene Food [2015] KEELRC 539 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 539
- Citation
- [2015] KEELRC 539 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureRespondent seeks stay of execution of judgment pending appealCoramONESIMUS N.MAKAU
Holding
The respondent's motion for stay of execution pending appeal is dismissed
Facts
Claimants were dismissed from employment and awarded compensation. Respondent filed an appeal, and claimants obtained execution warrants.
Issues
- Whether the respondent has met the threshold for the grant of stay of execution pending appeal
- Whether substantial loss will result to the respondent if stay is denied
Reasoning
The court finds the respondent has not met the threshold for granting stay of execution pending appeal as set out by Order 42 rule 6 of the CPRs. The court also notes the execution is premature for want of leave of the court.
Outcome
Motion dismissed
Orders
- Motion for stay of execution dismissed
- Execution declared illegal and invalid for want of leave of the court
Authorities cited
Cases cited (2)
- Nai. C.A No. 344 of 1999 Caneland Ltd and Others vs Delphis Bank Ltd
- ELRCC No. 199 of 2013 Kennedy O. Okinyi versus Grain Bulk Handlers Ltd
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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