Benson Oyugi Ambuni v Union of Kenya Civil Servants [2020] KEELRC 155 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 155
- Citation
- [2020] KEELRC 155 (KLR)
- Decided
- 25 November 2020
Summary at a glance
TypeLabour DisputePostureAppeal from an earlier judgmentCoramRadido Stephen
The Court strikes out the Motion dated 22 September 2020 and directs the Respondent to serve the Motion dated 14 October 2020 and file a replying affidavit/grounds of opposition and submissions.
Facts
The Respondent (Union of Kenya Civil Servants) filed a Motion seeking a stay of execution of a judgment and decree from November 2019, while the Claimant (Benson Oyugi Ambuni) filed a Motion seeking more time to comply with the earlier Motion.
Issues
- Stay of execution pending appeal
- Incompetent and vague nature of the initial Motion
Reasoning
The Court found the initial Motion to be incompetent and without merit, as it sought vague orders. It also noted that stay of execution is ordinarily granted pending appeal and not inter-partes hearing of an application.
Outcome
The Court dismissed the Motion dated 22 September 2020 and directed the Respondent to comply with the new Motion.
Orders
- Serve the Motion dated 14 October 2020 together with submissions upon the Claimant on or before 4 December 2020
- File and serve replying affidavit/grounds of opposition and submissions on or before 11 December 2020
- Place the Motion before a Judge in Nairobi on 14 December 2020 for further directions
- Allow an interim stay of execution pending further orders of the Court on condition the Respondent deposits the decretal sum into Court on or before the end of 7 December 2020
⚠ 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.
Loading judgment…