Alfred Nathan Mvuko v Hakika Transport Services Limited [2019] KEELRC 2004 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2004
- Citation
- [2019] KEELRC 2004 (KLR)
- Decided
- 21 March 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureRespondent's application for stay of execution of judgmentCoramGikonyo, Makau, Ouko
Holding
Grant a conditional stay of execution
Facts
Claimant received a judgment in favor of Kshs. 143,937.50 from Makau J on 15th December 2017. Respondent filed an appeal and subsequently applied for a stay of execution.
Issues
- Whether the Respondent will suffer substantial loss if the judgment is not executed
- Whether the application for stay was brought without unreasonable delay
- Whether the Respondent has offered sufficient security
Reasoning
The court found that the Respondent satisfied the conditions for a stay of execution, including offering security and not showing unreasonable delay.
Outcome
Grant of stay of execution
Orders
- Respondent to pay 50% of the decretal sum within 30 days
- Respondent to deposit balance and costs into an interest earning account within 30 days
- Failure to meet conditions will lead to lapse of stay
Remedies
- 50% of the decretal sum and costs in the appeal
Authorities cited
Cases cited (2)
- Gatobu M’Ibutu Karotho v Christopher Muriithi [2008] eKLR
- James Wangalwa & another v Agnes Naliaka Cheseto [2012] eKLR
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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