Fred J. Owuor v TEC Institute of Management Limited [2019] KEELRC 1966 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1966
- Citation
- [2019] KEELRC 1966 (KLR)
Stay of execution granted as prayed in the application, subject to the respondent depositing the entire decretal sum in an interest-earning account in the joint names of counsel for the claimant and respondent within 14 days of this ruling.
Facts
Claimant sought a stay of execution of a previous judgment and decree, claiming that the respondent's goods/tools of trade had already been proclaimed and items were to be removed and sold in satisfaction of the decree. The respondent argued that the application was brought after inordinate delay with an intent to defeat the ends of justice.
Issues
- Whether to grant a stay of execution pending appeal
- Whether the applicant has offered security for the performance of the decree
Reasoning
The court considered the requirements for granting a stay of execution pending appeal and found that the application was not brought after inordinate delay with an intent to defeat the ends of justice.
Outcome
Appeal granted
Orders
- Stay of execution granted as prayed in the application
Remedies
- Stay of execution granted
Authorities cited
Cases cited (2)
- Masisi Mwita vs Damaris Wanjiku Njeri (2016) eKLR
- Butt vs Rent Restriction Tribunal (1982) KLR 417
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