University of Nairobi v Mary M. Cornelius [2021] KEELRC 1509 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1509
- Citation
- [2021] KEELRC 1509 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a judgment of the magistrate courtCoramMATHEWS N. NDUMA
Holding
The court grants a stay of execution of the judgment pending the appeal, allowing the respondent to receive half of the decretal sum and placing the other half in a joint interest earning account.
Facts
The University of Nairobi appealed against a judgment in Nairobi CMCC Case No. 1431 of 2019, which awarded the respondent Mary M. Cornelius gratuity of Kshs. 1,855,697.37.
Issues
- Whether the court should grant a stay of execution of the judgment pending the appeal
- Whether the applicant has demonstrated the potency of the appeal and provided adequate security
Reasoning
The court found that the applicant did not demonstrate the potency of the appeal and did not provide a Memorandum of Appeal. The court considered the decretal sum and the delay in bringing the application.
Outcome
The appeal is allowed, and the respondent is granted a stay of execution of the judgment.
Orders
- The applicant to pay to the respondent half of the decretal sum (Kshs. 1,141,068.65) forthwith.
- Half of the decretal sum to be placed in a joint interest earning account in the names of the advocates of the parties.
- In the event conditions (i) and (ii) above are not fulfilled by default of the applicant within the next 30 days, stay of execution in respect of the half amount to lapse and the claimant/applicant to execute forthwith.
- Each party to bear their costs of the application.
Remedies
- Stay of execution of the judgment pending the appeal
- Half of the decretal sum to be paid to the respondent
Authorities cited
Legislation (2)
- Civil Procedure Act (Chapter 21 of the Laws of Kenya)
- Civil Procedure Rules
Cases cited (11)
- James Wangalwe & Another –vs- Agnes Cheseto [2012]eKLR
- RWW –vs- EKW [2019] eKLR
- Absalom Dova –vs- Tarbo Transporters [2013] eKLR
- Mwaura Karuga t/a Limit Enterprises –vs- Kenya Bus Services Ltd. & 4 Others [2015] eKLR
- Butt –vs- Rent Restriction Tribunal {1979} eKLR
- Eldoret SteelMills Ltd –vs- Elijah Mosota [2007] eKLR
- Kenya Hotel Properties Limited –vs- Willesden Investments Limited (2007) eKLR
- Gitahi and Another –vs- Warugongo 1988 [KLR) 621
- Edward Muchiri Ituma –vs- Beatrice Wangigi & 9 Others [2019] eKLR
- Kamlesh M.A. Pattni –vs- Nasir Ibrahim Ali & 2 Others – CA 354/2004
- Delphis Bank Limited-vs- Channan Singh Chatthe & 5 Others [2014] eKLR
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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