John Muriithi Muriuki v Hazel Holmes & 5 others [2019] KEELRC 548 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 548
- Citation
- [2019] KEELRC 548 (KLR)
- Decided
- 28 October 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeApplication for Stay of ExecutionPostureRespondents/Applicants seek an order of stay of execution of the Judgment and decree of the court pending determination of an intended appeal.CoramNzioki wa Makau
Holding
The application for stay of execution is denied with costs.
Facts
The Respondents/Applicants filed a notice of appeal under rule 75 of the Court of Appeal Rules, but the Claimant/Respondent asserts that no appeal was filed and that the Respondents/Applicants have not met the requirements of Order 42 Rule 2 of the Civil Procedure Rules.
Issues
- Whether the Respondents/Applicants have filed a valid notice of appeal.
- Whether the Respondents/Applicants have met the requirements for a stay of execution.
Reasoning
The court found the application for stay to be devoid of merit, citing the lack of a memorandum of appeal and grounds for the intended appeal, and the absence of an arguable appeal.
Outcome
Motion denied, costs to the Claimant.
Authorities cited
Legislation (1)
- Court of Appeal Rules
Cases cited (7)
- Focin Motorcycle Co. Limited v Ann Wambui Wangui & Another [2018] eKLR
- Butt v Rent Restriction Tribunal
- JMM v PM [2018] eKLR
- Cecilia Karuru Ngayu v Barclays Bank of Kenya & Another [2016] eKLR
- Housing Finance Company of Kenya v Sharok Kheer Mohamed Ali Hirji & Another [2015] eKLR
- G.N. Muema P/A(sic) Mt. View Maternity & Nursing Home v Miriam Maalim Bishar & Another [2018] eKLR
- Kenya Commercial Bank Limited v Naphtally J. B. Hawala Civil Application No. Nai 240 of 1997 (103/97 UR) (unreported)
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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