Harriet K. Muteshi v Orthodox Development Savings and Credit Society Limited [2016] KEELRC 1662 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1662
- Citation
- [2016] KEELRC 1662 (KLR)
Summary at a glance
TypeLabour DisputePostureApplication for Stay of Execution Pending AppealCoramAbuodha J. N.
The Court granted a stay of execution on condition that the decretal sum be deposited in Court within fourteen days from the date of the order.
Facts
The respondent sought an order of stay of execution pending the hearing and determination of the intended appeal. The claimant's lawyer threatened to proceed with execution if the stay was not granted.
Issues
- Whether the application for stay of execution should be granted
- Whether the respondent should be required to deposit the decretal sum in Court pending the appeal
Reasoning
The Court was not very impressed with the grounds for the application but granted the stay due to the irreparable loss the respondent would suffer if its property was carried away in execution.
Outcome
Stay of execution granted
Orders
- The decretal sum of Kshs.506,251/= be deposited in Court within fourteen days from the date of the order
Remedies
- Stay of execution
Authorities cited
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