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Njoroge v Flamingo Horticulture (K) Ltd (Cause 009 of 2019) [2022] KEELRC 95 (KLR) (16 June 2022) (Ruling)

[2022] KEELRC 95 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
95
Citation
[2022] KEELRC 95 (KLR)
Decided
16 June 2022
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureRespondent/Applicant seeks stay of execution of judgment pending appealCoramDN NDERITU, Mbaru, Wasilwa
Holding

This court allows stay of execution on the condition that the Respondent/Applicant shall avail the entire decretal sum plus costs and have the same deposited in a joint interest earning account in a reputable bank within 30 days of this ruling.

Facts

Respondent/Applicant was awarded Kshs.1,132,000.00 with costs by Wasilwa J on 18th March, 2021. Respondent/Applicant filed an appeal and interim orders for stay of execution were issued.

Issues

  1. Should the court grant a stay of execution of the judgment dated and delivered on 18th March, 2021 pending the hearing and determination of Nakuru Civil Appeal No. E072 of 2021?
  2. On what conditions?

Reasoning

The court considers the delay not inordinate and allows the stay on the condition of security deposit.

Outcome

Stay of execution granted

Orders

  • Respondent/Applicant to deposit the decretal sum in a joint escrow account within 30 days

Authorities cited

Legislation (3)
  • Civil Procedure Rules
  • Civil Procedure Act
  • Employment and Labour Relations Court Act
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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