Kilonzo (Suing as the administrator and persona representative of the Estate of Benjamin Kyalo Masila) v Albeity Logistics Limited & another (Miscellaneous Application E004 of 2024) [2024] KEELRC 2092 (KLR) (25 July 2024) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 2092
- Citation
- [2024] KEELRC 2092 (KLR)
- Decided
- 25 July 2024
Summary at a glance
TypeMiscellaneous ApplicationPostureApplication for stay of execution pending appealCoramM. MBARŨ
The application is dismissed without merit.
Facts
The applicant, Kilonzo, is the administrator and persona representative of the Estate of Benjamin Kyalo Masila. The respondents are Albeity Logistics Limited and Feisal Islam. The application seeks orders that the court be pleased to grant a stay of execution of the ruling of the suit delivered on 9 May 2024 pending the hearing and prosecution of an intended appeal.
Issues
- Whether to grant a stay of execution pending the hearing and prosecution of an intended appeal
- Whether the applicant will suffer substantial loss if the stay is not granted
Reasoning
The court is not persuaded by the respondents' argument that they will suffer substantial loss if the stay is not granted. The court also notes that the applicant has a valid order of the court which should only be stayed for cogent reasons.
Outcome
Application dismissed without merit.
Orders
- Application dismissed without merit
Remedies
- Costs to the applicant
Authorities cited
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