Lavington Security Guards Limited v Orege (Appeal E018 of 2023) [2023] KEELRC 1906 (KLR) (27 July 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 1906
- Citation
- [2023] KEELRC 1906 (KLR)
- Decided
- 27 July 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppellant seeks stay of execution of a judgment and costsCoramCN BAARI
Holding
An order for stay of execution of the judgment is granted pending hearing and determination of the appeal.
Facts
The Appellant/Applicant seeks a stay of execution of a judgment rendered by the Magistrates Court on March 16, 2023, and costs. The Respondent is the successful litigant in the matter.
Issues
- Whether the Appellant/Applicant will suffer substantial and irreparable loss if the orders are not granted.
- Whether the Respondent can refund the decretal sum if the Appellant/Applicant’s appeal succeeds.
Reasoning
The Appellant/Applicant has met the conditions set out under Order 42 Rule 6 of the Civil Procedure Rules, having established sufficient cause, shown substantial loss, and furnished security.
Outcome
The Appellant/Applicant’s motion for stay of execution is granted.
Orders
- Order for stay of execution of the judgment delivered on March 16, 2023, in this matter is hereby granted pending hearing and determination of the appeal.
Remedies
- The costs of this application shall abide the appeal.
Authorities cited
Legislation (1)
- Civil Procedure Act
Cases cited (2)
- Wilson v Church (No 2) 12 Ch D (1879) 454
- Century Oil Trading Company Ltd vs Kenya Shell Limited Nairobi (Milimani) HCMCA No 1561 of 2007
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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