Kenya Hotels & Allied Workers Union v Praying Mantis Limited (Octopus Club) [2021] KEELRC 1340 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1340
- Citation
- [2021] KEELRC 1340 (KLR)
- Decided
- 30 June 2021
Summary at a glance
The Court declines to allow the Motion filed by the Respondent. It is dismissed with costs.
Facts
The Employment and Labour Relations Court awarded some 5 Grievants terminal dues, interests, and costs on 13 November 2020. The Respondent, Praying Mantis Limited (OCTOPUS Club), filed a Motion seeking a stay of execution pending hearing and determination of an intended appeal.
Issues
- Whether the Respondent can deposit the title deed of its land parcel as a substitute for depositing the decretal sum of Kshs 2,019,068
- Whether the Respondent can deposit the decretal sum into Court as a precondition of stay pending the hearing and determination of the intended appeal
Reasoning
The Respondent did not provide a candid disclosure and the Court found that the highest amount deposited in the account was Kshs 76,860/-, which was insufficient to cover the decretal sum. The Court inferred that the Respondent has other bank accounts but did not disclose them.
Outcome
Appeal dismissed with costs
Orders
- Interim stay of execution granted pending an inter-partes hearing on the condition that the decretal sum of Kshs 2,019,068 is deposited into Court within 7 days
- Interim stay of execution dismissed with costs
⚠ 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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