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Kenya Hotels And Allied Workers Union & another v Mayfair Holdings Ltd (Imperial Hotel) (Cause 35 of 2019) [2023] KEELRC 295 (KLR) (9 February 2023) (Ruling)

[2023] KEELRC 295 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
295
Citation
[2023] KEELRC 295 (KLR)
Decided
9 February 2023
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

Summary at a glance

TypeAppealPostureRespondent seeks stay of execution of judgment pending appealCoramCHRISTINE N. BAARI
An order for stay of execution of the judgment is granted pending hearing and determination of the appeal

Facts

Claimant won a judgment on November 17, 2022, and the respondent seeks to stay its execution pending an appeal to the Court of Appeal.

Issues

  • Whether the respondent will suffer substantial loss if the judgment is not stayed
  • Whether the application was made without unreasonable delay

Reasoning

The court grants the stay as the respondent is likely to suffer substantial loss if the judgment is not stayed, and the application was not made with unreasonable delay.

Outcome

Appeal granted

Orders

  • Order for stay of execution of the judgment pending appeal
  • Order for costs to abide the appeal

Remedies

  • Stay of execution of the judgment

Authorities cited

Legislation (2)
  • Civil Procedure Rules
  • Civil Procedure Act
Cases cited (2)
  • Stephen Wanjohi v Central Glass Industries Ltd
  • Century Oil Trading Company Ltd vs Kenya Shell Limited
⚠ 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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