James Kipchirchir Sambu v Patriotic Guards Limited [2016] KEELRC 53 (KLR)

Summary at a glance

Facts

Claimant James Kipchirchir Sambu filed an application seeking a stay of execution of the judgment and ruling of the court, arguing that the appeal is arguable with high chances of success and that the orders should be stayed to avoid injustice and hardship.

Issues

• Whether the respondent has a right to appeal the judgment and ruling
• Whether there will be substantial loss to the respondent if the stay is not granted

Reasoning

The court distinguished between substantial loss and irreparable loss, and held that the respondent did not demonstrate substantial loss. The court granted a deposit of the entire decretal sum as security pending the hearing of the appeal.

Outcome

The application is allowed with conditions

Orders

• Deposit of the entire decretal sum in a joint, interest-earning account within 14 days
• Orders apply pending the hearing and determination of the appeal
• If the respondent fails to move the court within 60 days, orders will automatically lapse

Remedies

• Costs to the claimant

Authorities cited