East African Portland Cement Company Limited v Charo (Cause 106 of 2017) [2022] KEELRC 3895 (KLR) (19 September 2022) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 3895
- Citation
- [2022] KEELRC 3895 (KLR)
- Decided
- 19 September 2022
Summary at a glance
TypeReview of JudgementPostureApplication for review of judgementCoramJK GAKERI, Lenaola
The court dismissed the application as the respondent/applicant did not meet the threshold for review of the judgement.
Facts
The respondent/applicant sought interim orders including a stay of execution of the judgement, withdrawal of the notice of appeal, review of the judgement, and dismissal of the claimant's suit with costs. The claimant/respondent had obtained warrants of attachment and proclaimed the respondent due to the withdrawal of the notice of appeal.
Issues
- Whether the respondent/applicant's application meets the threshold for review of judgement, order or decree.
- Whether the respondent/applicant is entitled to the orders sought.
Reasoning
The court found that the respondent/applicant did not provide sufficient grounds to meet the threshold for review under Rule 33 of the Employment and Labour Relations Court (Procedure) Rules, 2016, and Section 80 of the Civil Procedure Act.
Outcome
Application dismissed
Authorities cited
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