Rono Cheruiyot & 15 others v Sbi International Holdings (Ag) Ltd [2020] KEELRC 126 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 126
- Citation
- [2020] KEELRC 126 (KLR)
- Decided
- 15 December 2020
Summary at a glance
TypeLabour DisputePostureAppeal from a previous judgment awarding salary arrears and severanceCoramRadido Stephen
The Court dismisses the Respondent's motions for a stay of execution and orders the decretal sum to be released to the Claimants' advocate if the Respondent does not secure stay orders from the Court of Appeal within 30 days.
Facts
The Respondent (Sbi International Holdings) had erroneously computed the salary arrears and severance due to the Claimants (16 individuals). The Claimants moved to execute the award on 26 September 2020, prompting the Respondent to seek a stay of execution.
Issues
- Delay in applying for a stay of execution
- Claimants' cause of action and membership in a trade union
Reasoning
The Court finds the delay in applying for a stay of execution to be inordinate and dismisses the motions, as the merits of the judgment sought to be challenged would amount to re-opening the hearing.
Outcome
Dismissed with costs
Orders
- Order for the decretal sum to be released to the Claimants' advocate if the Respondent does not secure stay orders from the Court of Appeal within 30 days
Remedies
- Release of the decretal sum to the Claimants' advocate
⚠ 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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