Mang’ondi v Action Africa Help International (Petition E199 of 2021) [2023] KEELRC 1094 (KLR) (25 April 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 1094
- Citation
- [2023] KEELRC 1094 (KLR)
- Decided
- 25 April 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureRespondent/Applicant seeks stay of execution and proceedings pending appeal.CoramNZIOKI WA MAKAU, Nduma Nderi
Holding
The court grants a stay of execution and proceedings pending appeal, subject to the Respondent/Applicant providing security and depositing a sum of Kshs 13,000,000 in an interest-earning account within 44 days.
Facts
Petitioner/Movant seeks execution of a decree, while Respondent/Applicant seeks stay of execution and proceedings pending appeal.
Issues
- Whether the Respondent/Applicant has met the conditions for a stay of execution pending appeal.
- Whether the Petitioner/Movant will suffer substantial loss if the stay is not granted.
Reasoning
The court finds that the Respondent/Applicant has met the conditions for a stay, including the ability to provide security and the willingness to deposit a sum in an interest-earning account.
Outcome
Appeal granted, stay of execution and proceedings pending appeal granted.
Orders
- Order for stay of execution pending appeal.
- Order for stay of proceedings in taxation of bill of costs.
- Order for costs of the application.
Remedies
- Security deposit of Kshs 13,000,000 in an interest-earning account within 44 days.
- Release of 2/3 of the decretal sum to the Petitioner while the other 1/3 is deposited in court.
Authorities cited
Cases cited (1)
- Amal Hauliers Limited v Abdulnasir Abukar Hassan [2017] 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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