Corrugated Sheets Limited v Oganyo (Appeal E036 of 2023) [2023] KEELRC 1687 (KLR) (10 July 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 1687
- Citation
- [2023] KEELRC 1687 (KLR)
- Decided
- 10 July 2023
Summary at a glance
TypeAppealPostureAppellant's Motion for Interlocutory Stay of ExecutionCoramAGNES KITIKU NZEI
The application is dismissed with costs.
Facts
The appellant, Corrugated Sheets Limited, appealed against a judgment awarded to the respondent, Victor Munda Oganyo, totaling Ksh. 585,390 plus costs.
Issues
- The trial court's judgment is erroneous, irrational, and unreasonable.
- The respondent may commence execution of the decree immediately the 30-day stay lapses.
- The appellant/applicant is ready to offer a bank guarantee or deposit security for the judgment sum.
- The appeal has reasonable chances of success and will be rendered nugatory if execution proceeds.
Reasoning
The court finds the application incompetent and dismisses it, citing the lack of supporting documents and the court's inability to stay execution of a decree it has not seen.
Outcome
Dismissed with costs
Orders
- Interim order of stay of execution granted on May 15, 2023 vacated
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