Anastassios D. Thomos v CMC Aviation Limited & another [2018] KEELRC 1937 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1937
- Citation
- [2018] KEELRC 1937 (KLR)
- Decided
- 16 May 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a final award of the Employment and Labour Relations CourtCoramHON. LADY JUSTICE HELLEN WASILWA
Holding
The Court granted a stay of execution on condition that the Respondents deposit the decretal sum in an interest-earning account held in the joint names of the Counsel on record within 30 days.
Facts
The Claimant filed an application for the stay of execution of a final award made by Mr. Mwaniki Gachoka in an arbitration between the Claimant and the Respondents. The Respondents sought to set aside the award on the grounds of public policy conflicts.
Issues
- Whether the Court should grant a stay of execution pending an appeal
- Whether substantial loss will result if the stay is not granted
Reasoning
The Court found that the Respondents have good grounds of appeal and have not delayed in approaching the Court. The ripple effect of the sale of the attached aircraft would be grievous to third parties.
Outcome
Appeal granted
Orders
- Stay of execution granted on condition
Remedies
- Security deposit in an interest-earning account
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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