Mukoya Qassim Kupuoni v Teachers Service Commission [2019] KEELRC 2456 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2456
- Citation
- [2019] KEELRC 2456 (KLR)
- Decided
- 17 January 2019
Summary at a glance
TypeAppealPostureRespondent seeks stay of execution of judgment pending appealCoramHellen S. Wasilwa
Application for stay of execution of judgment is granted pending hearing and determination of the appeal
Facts
Claimant was terminated more than 15 years ago and has been ready to proceed with the case despite numerous adjournments. Respondent has an arguable appeal with high chances of success.
Issues
- Right of appeal under Section 17 of the Employment and Labour Relations Court Act and Article 163 (4) of the Constitution
- Weighty issues of law in the intended appeal
- Irreparable loss to the Respondent if the appeal is unsuccessful
- Substantial sums awarded by the court
Reasoning
The court finds the application merited due to substantial loss to the applicant and the likelihood of success of the appeal.
Outcome
Stay of execution granted
Orders
- Application for stay of execution of judgment is granted pending hearing and determination of the appeal
Remedies
- Stay of execution of the Judgment and all consequential orders of this Honourable Court delivered on 11th July 2018 pending the hearing and determination of this Application
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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