Joshua Nyagol Onyango & 4 others v Relief & Missions Logistics Limited [2018] KEELRC 1240 (KLR)

Facts

The Respondent filed an Application for stay of execution on June 22, 2017, and the Court directed the Respondent to deposit the decretal amount in Court. The matter was scheduled for mention on March 6, 2018, to confirm compliance with the directions, but the parties agreed to settle the matter.

Issues

1. Whether the Court erred in marking the Respondent's Application as spent without considering the submissions of both parties
2. Whether the Court erred in releasing part of the decretal sum without considering the submissions of both parties
3. Whether the Court erred in not granting a stay of execution

Reasoning

The Court found that the orders were issued without due consideration to the Court's earlier directions and that the decretal sum was deposited in Court, making a stay of execution unnecessary.

Outcome

The Court reviews and sets aside the orders issued on March 6, 2018, and orders the release of the decretal sum of Kshs.153,000/= to the Decree Holder.

Authorities cited