Banking Insurance and Finance Union v National Bank of Kenya Limited [2020] KEELRC 150 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 150
- Citation
- [2020] KEELRC 150 (KLR)
- Decided
- 4 December 2020
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a judgment of the Employment and Labour Relations CourtCoramLady Justice Maureen Onyango
Holding
The court found that the appeal is not frivolous and that the court has the discretion to grant a stay of execution of the judgment and resultant decree pending the appeal.
Facts
The Banking Insurance and Finance Union filed an application against National Bank of Kenya Limited, seeking an order to stay execution of the judgment and a stay of the appeal.
Issues
- Whether the applicant meets the threshold for grant of the orders sought in the application.
- Whether the appeal is frivolous and would render the appeal nugatory if dismissed.
Reasoning
The court considered the principles set out under Order 42 Rule 6(1) and (2) of the Civil Procedure Rules and Rule 5(2)(b) of the Court of Appeal Rules, and determined that the applicant has an arguable appeal.
Outcome
The court granted the application for a stay of execution of the judgment and resultant decree pending the appeal.
Orders
- Stay of execution of the judgment and resultant decree of Onyango J. delivered on 21st February 2020.
- Grant of the costs of the application.
Authorities cited
Cases cited (1)
- Republic v Kenya Anti-Corruption Commission and Others (supra)
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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