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Security Seven Limited v Okuku (Miscellaneous Civil Application E157 of 2021) [2022] KEELRC 1311 (KLR) (19 May 2022) (Ruling)

[2022] KEELRC 1311 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
1311
Citation
[2022] KEELRC 1311 (KLR)
Decided
19 May 2022
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Civil ApplicationPostureAppeal out of time and application for stay of executionCoramLINNET NDOLO
Holding

The application is declined with costs in the appeal.

Facts

The Applicant, Security Seven Limited, sought leave to appeal out of time and a stay of execution of a judgment in CMEL No. 1215 of 2019. The Applicant also applied to deposit the decretal sum in instalments, offering a title deed as security.

Issues

  1. Whether the application for stay of execution is competent and without merit.
  2. Whether the Applicant can deposit the decretal sum in instalments.

Reasoning

The Court found the application incompetent and without merit, as the Applicant failed to provide a valuation and recent search of the title deed it sought to offer as holding security. The Court also noted the Applicant's conduct aimed at securing its own corner without disclosing any intention to extend the same cover to the Respondent.

Outcome

Declined with costs

Orders

  • The application is declined with costs in the appeal.
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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