China Jiangxi International [K] Limited v Anthony Wambua David [2018] KEELRC 1179 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1179
- Citation
- [2018] KEELRC 1179 (KLR)
- Decided
- 20 September 2018
Summary at a glance
TypeMiscellaneous Civil ApplicationPostureApplicant seeks to stay execution of judgment pending appealCoramJAMES RIKA
Stay of execution granted pending hearing and determination of appeal
Facts
Respondent was granted damages for work injury in Kilifi SPMCC No. 29 of 2017. Judgment was delivered on 4th July 2018, more than 7 months after hearing concluded. No notice was issued to either party.
Issues
- Whether the Applicant can file an appeal out of time
- Whether the Applicant can file a stay of execution pending appeal
Reasoning
The Court finds the Applicant has reasonable grounds for appeal due to late delivery of judgment and lack of notice. The draft appeal is deemed reasonable but not yet properly filed.
Outcome
Stay of execution granted
Orders
- Stay of execution pending appeal
- Leave to file appeal out of time
- Appeal to be filed within 45 days
- Costs of this application to be in the appeal
Remedies
- Stay of execution pending appeal
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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