KHS East Africa Limited v Maina; Sentech Limited (Respondent) (Employment and Labour Relations Cause 1710 of 2013) [2023] KEELRC 2797 (KLR) (2 November 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 2797
- Citation
- [2023] KEELRC 2797 (KLR)
- Decided
- 2 November 2023
Summary at a glance
TypeInterlocutory ApplicationPostureApplication for Interim Stay of ExecutionCoramMA ONYANGO
The application is dismissed with costs.
Facts
KHS East Africa Limited applied for an interim stay of execution of a decree and warrant of sale against Jerusha Nyambura Maina, claiming that the court erred in its ruling of May 12, 2022, and that the objector remains an independent legal entity with no relationship to the defendant.
Issues
- Whether to grant an interim stay of execution of the decree and warrants of sale pending the hearing and determination of the objector's application for review.
- Whether the objector has demonstrated seriousness in prosecuting the application.
Reasoning
The court found no merit in the application due to the objector's failure to demonstrate seriousness and the lack of justifications for continuing the decree holder's inability to receive the fruits of the judgment.
Outcome
Application dismissed with costs
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