Teachers Service Commission v Ali Abdullahi Ali [2020] KEELRC 100 (KLR)

Summary at a glance

Facts

The claimant, Teachers Service Commission, sought a stay of execution of a judgment and orders issued by Hon. G. Mmasi in Nairobi CMEL No. 490 of 2018, which awarded substantial sums of money to the respondent, Ali Abdullahi Ali, and ordered reinstatement.

Issues

• Whether the appeal has merit and should be granted
• Whether the claimant should be required to place security for judgment

Reasoning

The court is satisfied that the claimant is likely to suffer substantial loss if the appeal is successful and the respondent is unable to refund the decretal sum. The court also finds that reinstating the claimant before the appeal is heard may be prejudicial to the interests of the claimant in the long run.

Outcome

The application is granted

Orders

• The judgment and orders issued by Hon. G. Mmasi are stayed pending the hearing and determination of the appeal

Remedies

• The claimant is granted a stay of execution of the judgment and orders pending the appeal

Authorities cited