Joshua Gitau Wachira v Professional Clean Care Ltd [2021] KEELRC 433 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 433
- Citation
- [2021] KEELRC 433 (KLR)
- Decided
- 18 November 2021
Summary at a glance
TypeAppealPostureRespondent/Applicant seeks stay of execution of judgment pending appealCoramHON. LADY JUSTICE HELLEN WASILWA
The application for stay of execution is allowed on condition that the applicant deposits the entire decretal sum in an interest earning account held in joint names of counsels on record within 30 days. In default, execution may proceed.
Facts
Claimant received a judgment in favor of him, but Respondent/Applicant filed an appeal. The Respondent/Applicant is apprehensive of paying the decretal sum if the appeal succeeds.
Issues
- Whether the stay of execution should be granted
- Whether the Respondent/Applicant has demonstrated substantial loss if the stay is not granted
Reasoning
The court found that the claimant has not demonstrated the substantial loss he would suffer if the stay is not granted, and the Respondent/Applicant is ready to provide security if directed by the court.
Outcome
Application granted with conditions
Orders
- Stay of execution granted on condition
Remedies
- Deposit of decretal sum in interest earning account
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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