Fredrick Kibwana Elabonga v Build Africa Kenya [2017] KEELRC 1787 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1787
- Citation
- [2017] KEELRC 1787 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeStay ApplicationPostureRespondent/Applicant seeks a stay of execution of the judgment pending appeal.CoramHON. LADY JUSTICE HELLEN WASILWA
Holding
The Court declines to grant a stay order and orders the execution to proceed.
Facts
The Respondent/Applicant is a foreign organization that terminated employment and awarded a sum to the Claimant/Respondent. The Respondent/Applicant intends to appeal the judgment.
Issues
- Whether to grant a stay of execution of the judgment pending appeal.
- Whether the Respondent/Applicant is capable of refunding the decretal sum if the appeal succeeds.
Reasoning
The Court finds that the Respondent/Applicant is currently employed and capable of refunding the decretal sum if the appeal is allowed. The application lacks merit and substantial loss may result to the applicant unless the order is made.
Outcome
The application is dismissed.
Orders
- Execution to proceed.
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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