Wamiri v Agricultural Society of Kenya (Cause E764 of 2021 & 47 of 2019 (Consolidated)) [2023] KEELRC 3132 (KLR) (17 November 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 3132
- Citation
- [2023] KEELRC 3132 (KLR)
- Decided
- 17 November 2023
Summary at a glance
TypeAppealPostureAppeal from a previous judgmentCoramABUODHA NELSON JORUM
The Court granted an order of stay of execution of the previous judgment on condition that the applicant provides a banker's guarantee for the decretal sum.
Facts
The applicant, Juliet Wamiri, was terminated from her employment by the respondent, Agricultural Society of Kenya, and subsequently filed a suit seeking various declarations and damages. The previous judgment awarded her a declaration of unfair termination, damages, and salary arrears.
Issues
- Whether the Court should grant an order of stay of execution of the previous judgment
- What security should be provided by the applicant for the decretal sum
Reasoning
The Court balanced the interests of the decree holder and the intended appellant, considering the potential for the appellant to not receive restitution if successful on appeal.
Outcome
The Court granted the order of stay with the condition of providing a banker's guarantee.
Orders
- Order of stay of execution of the previous judgment
- Order for the applicant to provide a banker's guarantee for the decretal sum within 30 days
Remedies
- Banker's guarantee for the decretal sum
⚠ 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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