Bollore Transport & Logistics Ltd v Kidaha (Appeal E060 of 2022) [2022] KEELRC 1613 (KLR) (28 July 2022) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 1613
- Citation
- [2022] KEELRC 1613 (KLR)
- Decided
- 28 July 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a decision of the Employment and Labour Relations CourtCoramNZIOKI WA MAKAU
Holding
The court granted a stay of execution pending appeal on condition that the entire decretal sum be deposited in an interest-earning account within 14 days.
Facts
Bollore Transport & Logistics Ltd filed an application for a stay of execution pending appeal against a decision of the Employment and Labour Relations Court. The respondent, Wycliff Isasida Kidaha, indicated he was not yet in the throes of execution.
Issues
- Whether to grant a stay of execution pending appeal
- Whether the respondent would be able to refund the decretal sum if the appeal succeeds
Reasoning
The court considered the factors for granting a stay and the respondent's ability to refund the decretal sum. The court granted the stay to prevent the appeal from being rendered nugatory.
Outcome
Appeal granted
Orders
- Stay of execution pending appeal granted
- The entire decretal sum be deposited in an interest-earning account within 14 days
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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