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Hudson Kidaha Kisigwa v Romagego Kenya Limited (Cause 2149 of 2012) [2019] KEELRC 1300 (KLR) (Employment and Labour) (21 June 2019) (Ruling)

[2019] KEELRC 1300 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
1300
Citation
[2019] KEELRC 1300 (KLR)
Decided
21 June 2019
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

Summary at a glance

TypeAppealPostureRespondent/Applicant seeks to change advocates and seek stay of execution of judgmentCoramLady Justice Maureen Onyango
The Court grants the firm of Omwebu and Associates to come on record for the applicant/judgment debtor.

Facts

Claimant Hudson Kidaha Kisigwa received a judgment awarding him Kshs.4,707,945.38. Respondent Romagego Kenya Limited filed a Notice of Motion seeking to change advocates and stay execution of judgment.

Issues

  • Whether the firm of M/s Omwebu and Company Associates Advocates should be granted leave to come on record for the Respondent.
  • Whether the applicant has demonstrated sufficient grounds for failure to file notice of appeal in time and whether the applicant has an arguable appeal.
  • Whether the Applicant has demonstrate sufficient ground for the grant of stay of judgment pending appeal.

Reasoning

The Court grants leave to change advocates as the change was done in accordance with Order 9 Rule 9 of the Civil Procedure Rule. The Court also grants the stay of execution pending appeal.

Outcome

Appeal granted, stay of execution of judgment granted

Orders

  • Grant leave to change advocates
  • Grant stay of execution pending appeal

Remedies

  • Grant leave to change advocates
  • Grant stay of execution pending appeal

Authorities cited

Legislation (2)
  • Civil Procedure Rule
  • Appellate Jurisdiction Act
Cases cited (5)
  • S. K. Tarwadi v Veronica Muehlemann
  • Peter Mutuku Nthuku v Perimeter Protection Limited
  • Antioine Ndiye v Africa Virtual University
  • Machira t/a Machira & CO. Advocates v East Africa Standard
  • Republic v Registrar of Societies & another Ex-parte Joseph Ndemi Wanjiri and Others
⚠ 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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