Anthony Wachira Wairimu & another (Suing as Legal representatives and Administrators of the estate of Joseph Kiuri Mwangi (Deceased) v Zhongmei Engineering (K) Group Limited [2019] KEELRC 1820 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1820
- Citation
- [2019] KEELRC 1820 (KLR)
- Decided
- 1 April 2019
Summary at a glance
TypeCivilPostureAppeal from a judgment granting a stay of execution pending an appealCoramHON. LADY JUSTICE HELLEN WASILWA
The court granted a stay of execution pending the appeal, requiring the applicants to deposit the entire decretal amount in an interest-earning account within 60 days.
Facts
The applicants filed a motion seeking a stay of execution of a judgment awarding Kshs. 2,534,400 to the respondent, arguing that they would suffer substantial loss if the stay was not granted. The respondent opposed the application, stating that the applicants had not applied for proceedings and had not served the letter for proceedings within 14 days.
Issues
- Whether the applicants would suffer substantial loss if the stay was not granted
- Whether the applicants had applied for proceedings within the required time frame
Reasoning
The court found that the applicants had not applied for proceedings within the required time frame and that they would suffer substantial loss if the stay was not granted. The court granted the stay pending the appeal.
Outcome
Stay of execution granted pending appeal
Orders
- The applicants are required to deposit the entire decretal amount in an interest-earning account within 60 days
Remedies
- Stay of execution pending appeal
Authorities cited
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