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Kisongochi v Fortcom Holdings Ltd (Employment and Labour Relations Cause 2337 of 2017) [2023] KEELRC 2069 (KLR) (9 August 2023) (Ruling)

[2023] KEELRC 2069 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
2069
Citation
[2023] KEELRC 2069 (KLR)
Decided
9 August 2023
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeEmployment and Labour RelationsPostureRespondent's application for stay of execution dismissedCoramAN MWAURE
Holding

The respondent's application for stay of execution is dismissed with costs

Facts

The case was filed on 22nd November 2017 and set for hearing on 21st March 2022. The respondent and his advocate did not appear for the hearing and did not participate in the proceedings.

Issues

  1. Whether the applicant has demonstrated a credible case for grant of stay of execution
  2. Whether the respondent has established substantial loss and arguable issues for an appeal

Reasoning

The court found the respondent and his advocate to be indolent and unprofessional, and did not demonstrate a credible case for grant of stay of execution. The respondent also failed to establish substantial loss and arguable issues for an appeal.

Outcome

Dismissed with costs

Orders

  • Application for stay of execution dismissed

Remedies

  • Claimant's costs

Authorities cited

Cases cited (3)
  • Alice Mumbi Nyanga v Danson Chege Nyanga & Another Civil case No 394 of 2001
  • Global Tours & Travels Ltd WC NO 43 of 200 UR
  • Court of Appeal of Vishram Raiji Halai v Thornton & Turpin Civil Application No 15 of 1991 (1990) eKLR 365
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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