Gurdev Engineering & Construction Works Limited v Kimathi (Employment and Labour Relations Appeal E065 of 2023) [2024] KEELRC 173 (KLR) (9 February 2024) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 173
- Citation
- [2024] KEELRC 173 (KLR)
- Decided
- 9 February 2024
Summary at a glance
TypeAppealPostureAppeal from a judgment entered against the Appellant/Applicant on 17th April 2023.CoramOCHARO
The Court holds that the Appellant has failed to demonstrate that it will suffer substantial loss if the orders sought are not granted, and therefore dismisses the application.
Facts
The Appellant/Applicant, Gurdev Engineering & Construction Works Limited, appealed against a judgment entered in CMEL E219 of 2020 – Dominiciano Kimathi vs Gurdev Engineering & Construction Works Limited, which awarded the sum of Kshs.1,370,146/- to the Respondent, Domiciano Kimathi.
Issues
- Whether the Court should grant a stay of execution of the judgment and decree pending the appeal.
- Whether the Appellant will suffer substantial loss if the stay of execution is not granted.
Reasoning
The Court considers the Appellant's assertion of irreparable loss and inability to recover the decretal sum if the stay is not granted. However, the Court finds that the Appellant has not provided sufficient evidence to support this claim.
Outcome
The Appellant's application is dismissed without costs.
Orders
- The Appellant's application is dismissed.
- The Appellant/Applicant is ordered to pay the Respondent's costs.
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.
Loading judgment…