Dickson Matingi v DB Schenker Limited (Cause 1537 of 2014) [2017] KEELRC 1721 (KLR) (Employment and Labour) (24 February 2017) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 1721
- Citation
- [2017] KEELRC 1721 (KLR)
- Decided
- 24 February 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureRespondent seeks stay of execution of the judgment pending an appeal to the Court of AppealCoramLINNET NDOLO
Holding
The application for stay of execution pending appeal is dismissed with costs to the Claimant
Facts
Claimant received an award from the Employment and Labour Relations Court, and the Respondent filed an application for review and an application for stay of execution of the judgment
Issues
- Whether the Respondent's application for stay of execution of the judgment is timely
- Whether the Respondent has an arguable appeal which will be rendered nugatory if the order sought is not granted
Reasoning
The Respondent's Notice of Appeal was filed way out of time without leave of the Court, and the application for stay of execution pending appeal is without basis
Outcome
Dismissed
Orders
- Order for stay of execution pending appeal is dismissed with costs to the Claimant
Authorities cited
Cases cited (2)
- Order 42 Rule 6(2) of the Civil Procedure Rules
- Banking Insurance & Finance Union (Kenya) v Murata Sacco Society Limited [2015] eKLR
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.
Loading judgment…