Rose Sang Tarus v Barclays Bank of Kenya Limited & another [2022] KEELRC 912 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 912
- Citation
- [2022] KEELRC 912 (KLR)
Summary at a glance
TypeApplication for Stay of ExecutionPostureRespondent/Applicant seeks to stay execution of judgment pending appealCoramLINNET NDOLO
The Applicant's application fails and is dismissed with costs
Facts
Claimant executed a judgment and proclamation by 2nd Respondent, Mbusera Auctioneers, which was stayed by the Applicant's letter dated 19th October 2021. A pending application at the Court of Appeal seeks stay of execution.
Issues
- Whether the Court has jurisdiction to grant the Applicant's plea
- Whether the execution of the judgment by the Claimant is in violation of the Civil Procedure Act
Reasoning
The application is res judicata and the Court of Appeal is now fully seized of the matter. The trial court is functus officio. The Court of Appeal is the appropriate forum to raise any issues regarding the matter.
Outcome
Application dismissed
Orders
- Interim orders granted on 27th October 2021 are set aside
Authorities cited
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