Njaramba v Nairobi Water & Sewerage Company Limited (Cause 1414 of 2018) [2024] KEELRC 1584 (KLR) (21 June 2024) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 1584
- Citation
- [2024] KEELRC 1584 (KLR)
- Decided
- 21 June 2024
Summary at a glance
TypeLabor DisputePostureRespondent seeks stay of execution of judgment pending appealCoramSC RUTTO
The Court grants the stay of execution pending appeal
Facts
Claimant was awarded Kshs. 2,127,590 and costs in a previous judgment for discrimination on disability. Respondent seeks stay of execution pending appeal and deposit of decretal sums in a joint interest-earning account.
Issues
- Whether to grant stay of execution pending appeal
- Whether substantial loss will result to the Respondent if the stay is not granted
Reasoning
The Court considers the principles of Order 42 rule 6(2) and the need to preserve the subject matter in dispute. The Respondent argues substantial loss due to double execution, while the Claimant argues no substantial loss as he is an employee.
Outcome
Stay of execution granted
Orders
- Stay of execution of judgment dated 28th April 2023 pending hearing and determination of the Appeal
- Deposit of decretal sums of Kshs. 2,127,590 and costs of Kshs. 335,740 in a joint interest-earning account pending the Hearing and determination of the Appeal
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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