Technic Diesel Limited v Milcah Mutheni Ndiku [2019] KEELRC 280 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 280
- Citation
- [2019] KEELRC 280 (KLR)
- Decided
- 22 November 2019
Summary at a glance
TypeCivil AppealPostureAppellant seeks leave to appeal out of time and a stay of execution pending appeal.CoramRadido Stephen
The Court grants leave to appeal out of time and a stay of execution pending appeal.
Facts
The Appellant filed a motion seeking orders restraining execution of a decree obtained from the court, and the Respondent filed a replying affidavit.
Issues
- Whether the Appellant can appeal out of time
- Whether the Appellant can obtain a stay of execution pending appeal
Reasoning
The Court finds that the Appellant did not suffer inordinate delay and that the file was unavailable at some point, thus allowing the motion.
Outcome
Leave to appeal out of time granted and stay of execution pending appeal allowed.
Orders
- Memorandum of Appeal to be filed and served within 30 days from today
- Kshs 330,073/- to be released to the Respondent
Remedies
- Stay of execution pending appeal
- Memorandum of Appeal to be filed within 30 days
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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