Sum v Agriculture and Food Authority (Employment and Labour Relations Claim E019 of 2021) [2022] KEELRC 3847 (KLR) (28 July 2022) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 3847
- Citation
- [2022] KEELRC 3847 (KLR)
- Decided
- 28 July 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeEmployment and Labour Relations ClaimPostureRespondent/Applicant's Notice of motion seeking stay of execution of judgment and stay of appealCoramHS WASILWA
Holding
The application is granted on the condition that the Respondent/Applicant deposits the entire decretal sum plus costs within 60 days in a joint interest earning account held in the joint names of the Counsel on record. In default, execution may proceed.
Facts
The Respondent/Applicant is dissatisfied with the judgment of the court delivered on May 17, 2022, which awarded the Claimant Kshs 924,000 plus costs and interest. The Respondent/Applicant intends to file an appeal.
Issues
- Stay of execution of judgment pending appeal
- Stay of execution of costs pending appeal
Reasoning
The court allowed the application due to the Respondent/Applicant's dissatisfaction with the judgment and their intention to file an appeal, but with the condition of depositing the decretal sum plus costs.
Outcome
Application granted with conditions
Orders
- Stay of execution of judgment pending appeal
- Stay of execution of costs pending appeal
Remedies
- Deposit of decretal sum plus costs within 60 days in a joint interest earning account held in the joint names of the Counsel on record
- Execution may proceed in default
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Civil Procedure Act
Cases cited (1)
- Republic v Commissioner for Investigations and Enforcement Ex parte Wananchi Group Kenya Limited (2014) eKLR
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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