Kenya Plantation & Allied Workers Union v Unilever Tea (K) Limited (Cause 10 of 2014) [2022] KEELRC 1381 (KLR) (19 May 2022) (Ruling)

Summary at a glance

Facts

The respondent issued warrants of attachment against the claimant's property in 2021, five years after a 2016 judgment reinstating the claimant's employment and awarding compensation. The claimant filed an appeal, which was pending at the time of the attachment.

Issues

• Whether the court has jurisdiction to grant the application
• Whether the warrants of attachment and subsequent proclamation and notification of sale are unlawful
• Whether the judgment should be stayed pending the appeal

Reasoning

The court ruled that the execution was unlawful due to the lack of a notice to show cause, and granted a stay pending the appeal.

Outcome

The court granted the respondent's application to set aside the warrants of attachment and stay the execution of the judgment.

Orders

• The warrants of attachment issued on October 12, 2021 and any consequent Notice of Proclamation and Notication of Sale be discharged, lifted and/or set aside.
• There be stay of execution of the judgment delivered on May 17, 2016 and decree issued on May 23, 2016 pending the hearing and determination of Nakuru Civil Appeal No E015 of 2020.

Remedies

• Stay of execution pending appeal

Authorities cited