Suresh Raniga v Hellen Edel Mbenge Munyao [2022] KEELRC 868 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 868
- Citation
- [2022] KEELRC 868 (KLR)
The court allows the application for stay of execution on condition that the appellant deposits 50% of the decretal sum in a joint interest earning fixed deposit account in the joint names of Counsel for the Appellant and Counsel for the Respondent within 30 days pending hearing and determination of the appeal.
Facts
The appellants (Suresh Raniga and his wife) filed an appeal against a decision of the Principal Magistrate in Nairobi CMEL No. 1377 of 2019, which was delivered on 23rd July 2021. The decision was against the appellants and awarded damages to the respondent (Hellen Edel Mbenge Munyao).
Issues
- Whether the appellants have demonstrated substantial loss and unreasonable delay in filing the appeal
- Whether the respondent has the ability to refund the decretal sum if any portion is released to her
Reasoning
The court is satisfied that the appeal is not frivolous and there are triable issues. The respondent has not demonstrated ability to refund any decretal sum should any portion thereof be released to her.
Outcome
The appeal is allowed with conditions.
Orders
- Deposit 50% of the decretal sum in a joint interest earning fixed deposit account in the joint names of Counsel for the Appellant and Counsel for the Respondent within 30 days pending hearing and determination of the appeal
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Civil Procedure Act
Cases cited (10)
- Stanley Karanja Wainaina & Another v Ridon Anyangu Mutubwa [2016] eKLR
- Kenya Shell Limited v Benjamin Karuga Kibiru & another [1986] eKLR
- George Oraro v Kenya Television Network Nairobi High Court Civil Case Number 151 of 1992
- Stephen Wanjohi v Central Glass Industries Ltd (supra)
- George Omondi Odek v Jagdish Kotecha & another [2000] eKLR
- Union Insurance Company of Kenya Ltd v Ramzan Abdul Dhanji, Civil Application Number 179 of 1998
- Council of Legal Education and another v Rita Biwott, Civil Application Number 238 of 1994; [1994] LLR 4859
- FK Kiongo v VP Mukubwa and another, Civil Application Number Nairobi 63 of 1988
- Kenya Commercial Bank Limited v Benjoh Amalgamated Limited & Another [2001] eKLR
- Stephen Wanjohi v Central Glass Industries Ltd (supra)
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