Seyani Brothers & Co. (K) Limited v Jeremiah Chahenza Muloma [2021] KEELRC 1161 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1161
- Citation
- [2021] KEELRC 1161 (KLR)
Summary at a glance
TypeAppealPostureAppellant/Applicant seeks interim stay of execution of decree pending appealCoramNzioki wa Makau
Interim stay of execution of decree granted, with the Appellant/Applicant depositing the entire decretal sum in an interest earning joint account within 21 days of the order.
Facts
Appellant/Applicant filed a Notice of Motion Application seeking interim stay of execution of decree in Milimani CMCC No. 4437 of 2017, asserting lack of jurisdiction and substantial loss if stay is not granted.
Issues
- Jurisdiction of the Magistrate's Court to hear and determine the work injury claim
- Substantial loss to the Appellant if stay is not granted
Reasoning
The court determined that substantial loss is relative and granted the stay to preserve the status quo pending the appeal.
Outcome
Interim stay granted
Orders
- Interim stay of execution of decree pending appeal
- Deposit of the entire decretal sum in an interest earning joint account within 21 days of the order
Remedies
- Interim stay of execution of decree
Authorities cited
⚠ 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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