New Buxton Inn Ltd v Stephen (Appeal E009 of 2021) [2023] KEELRC 159 (KLR) (26 January 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 159
- Citation
- [2023] KEELRC 159 (KLR)
- Decided
- 26 January 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppellant seeks stay of execution of judgment and costsCoramAGNES KITIKU NZEI
Holding
Appellant's application for stay of execution is granted
Facts
Appellant was the respondent in a previous case, and a judgment was entered against them on February 18, 2021. The appellant filed an appeal, but the lower court dismissed their application for stay of execution.
Issues
- Appellant's application for stay of execution of judgment pending appeal
- Res judicata
Reasoning
The court rules that an appellant has the right to apply for stay of execution of a trial court's decree in the court appealed to, and res judicata cannot be invoked.
Outcome
Stay of execution granted
Orders
- Stay of execution of judgment pending appeal
Remedies
- Costs awarded to appellant
Authorities cited
Legislation (2)
- Employment and Labour Relations Court (Procedure) Rules 2016
- Civil Procedure Rules
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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