Saoke v Robinson Security Group t/a Robinson Investment Limited (Cause 291 of 2016) [2022] KEELRC 1639 (KLR) (9 June 2022) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 1639
- Citation
- [2022] KEELRC 1639 (KLR)
- Decided
- 9 June 2022
The court grants a stay of execution on condition that the applicant deposits the entire decretal sum in a joint interest earning account held in joint names of counsels on record within 60 days.
Facts
Claimant Lucas Onyango Saoke sued Respondent Robinson Security Group for compensation. The court issued a decree on September 28, 2021, and the respondent/applicant has filed an appeal (Civil Appeal Number E107 of 2021). The respondent/applicant fears that if the stay is not granted, the claimant will proceed with execution, rendering the appeal futile.
Issues
- Whether the court should grant a stay of execution pending appeal
- Whether the applicant has established a sufficient cause for the stay
- Whether the applicant has satisfied the court that substantial loss would ensue
- Whether the applicant has furnished security
Reasoning
The court finds that the application was made timeously and that the applicant has an appeal with reasonable chances of success. The court grants the stay on condition that the applicant provides security.
Outcome
The court grants the stay of execution pending appeal.
Orders
- Stay of execution granted on condition that the applicant deposits the entire decretal sum in a joint interest earning account held in joint names of counsels on record within 60 days
Remedies
- Deposit of the entire decretal sum in a joint interest earning account held in joint names of counsels on record within 60 days
Authorities cited
Legislation (1)
- Civil Procedure Act
Cases cited (2)
- Halai and another v Thorton & Turpin (1963) Limited [1990] KLR 365
- Amal Hauliers Limited v Abdulnasirabukar Hassan [2017] eklr
Loading judgment…