Kimathi v Mutea & another (Miscellaneous Cause E184 of 2022) [2023] KEELRC 1212 (KLR) (12 May 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 1212
- Citation
- [2023] KEELRC 1212 (KLR)
- Decided
- 12 May 2023
Summary at a glance
TypeMiscellaneous CausePostureAppeal from a judgment of the Chief Magistrate's CourtCoramAN MWAURE
The court grants the application to allow the applicant to file her appeal out of time and to stay the execution of the judgment pending the hearing and determination of the appeal.
Facts
The applicant, David Kimathi, had a judgment in the Chief Magistrates trial court, Employment and Labour Relations case number E2268 of 2019, Ernest Gikundi Mutea & Another vs David Kimathi, against her. She filed an application seeking a stay of execution of the judgment and other orders.
Issues
- extension of time for filing an appeal
- staying execution of the judgment pending the hearing of the appeal
- restraining Nairobi Connection Services Auctioneers from attaching the motor vehicles
Reasoning
The court considers the applicant's mistake in filing the appeal in the wrong court and the possibility of a successful appeal. The court grants the stay of execution and restraining order.
Outcome
The application is granted.
Orders
- allowing the applicant to file her appeal out of time
- staying the execution of the judgment pending the hearing and determination of the appeal
- restraining Nairobi Connection Services Auctioneers from attaching the motor vehicles
Remedies
- extension of time for filing an appeal
- stay of execution of the judgment
- restraining order
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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