Barack Otieno Ombima v Farouk & 2 others [2019] KEELRC 2401 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2401
- Citation
- [2019] KEELRC 2401 (KLR)
- Decided
- 16 January 2019
Summary at a glance
TypeLabour RelationsPostureApplication for vacating stay orderCoramHON. LADY JUSTICE HELLEN WASILWA
The stay order is vacated and execution proceeds.
Facts
The applicant sought a stay of execution on a judgment, but the respondent misled the court with malicious intent to frustrate the applicant financially. The respondent never filed the intended appeal.
Issues
- Whether the stay order should be vacated
- Whether the court has jurisdiction to entertain the application
Reasoning
The respondent never filed the intended appeal and the court is functus officio. The applicant's application is valid.
Outcome
Application granted
Orders
- Execution proceeds
Remedies
- Execution proceeds
Authorities cited
⚠ 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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