Cerapack Products Limited v Kamuya (Appeal E020 of 2023) [2023] KEELRC 2090 (KLR) (19 June 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 2090
- Citation
- [2023] KEELRC 2090 (KLR)
- Decided
- 19 June 2023
Summary at a glance
TypeAppealPostureAppellant seeks stay of execution pending appealCoramOCHARO
The Court denied the stay of execution pending appeal as the Appellant did not demonstrate substantial loss and did not provide security for the due performance of the decree.
Facts
Appellant, Cerapack Products Limited, appealed against a judgment in a civil case. The Respondent, Lucia Wayua Kamuya, had executed a judgment by declaring the Appellant's goods for attachment. The Appellant sought a stay of execution to preserve the appeal.
Issues
- Whether the Appellant has met the prerequisites for a grant of stay of execution pending appeal
Reasoning
The Court applied the principles for a grant of stay of execution pending appeal, emphasizing that the Applicant must demonstrate substantial loss and provide security. The Appellant failed to meet these requirements.
Outcome
The Court denied the application for stay of execution pending appeal.
Orders
- The application for stay of execution pending appeal was denied.
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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