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Mark Bushuru Angatia v Frodak Kenya Limited [2021] KEELRC 2371 (KLR)

[2021] KEELRC 2371 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
2371
Citation
[2021] KEELRC 2371 (KLR)
Decided
1 October 2021
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureRespondent's Application for Stay of Execution and Set Aside of RulingCoramHON. JUSTICE J. N. ABUODHA
Holding

The application lacks merit and is hereby dismissed with costs.

Facts

The respondent sought orders to stay execution of the ruling and recall warrants of attachment and sale, alleging irregularities and an appeal against the ruling. The applicant sought an injunction barring execution pending an appeal.

Issues

  1. Whether the Court's power to review or set aside a judgment can be ousted by consent of the parties
  2. Whether the application was a ground of appeal

Reasoning

The Court dismissed the application due to the respondent's attempts to postpone or frustrate the execution of the decree, and the matter had a rocky history since the original judgement.

Outcome

Dismissed with costs

Orders

  • Application dismissed with costs
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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