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Mwangi v Family Bank Limited (Employment and Labour Relations Cause 331 of 2014) [2024] KEELRC 2177 (KLR) (4 July 2024) (Ruling)

[2024] KEELRC 2177 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
2177
Citation
[2024] KEELRC 2177 (KLR)
Decided
4 July 2024
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeEmployment and Labour RelationsPostureAppeal from a previous judgmentCoramDN NDERITU
Holding

The court allows the appeal and grants a stay of execution pending the hearing and determination of the appeal.

Facts

Claimant, Flora Njoki Mwangi, was dismissed by Respondent, Family Bank Limited. The claimant sought a declaration of wrongful dismissal and other remedies.

Issues

  1. Wrongful dismissal
  2. Security for stay of execution

Reasoning

The court balances the rights of the appellant and the decree holder, allowing the stay of execution to ensure justice.

Outcome

Appeal allowed

Orders

  • Stay of execution granted
  • Security provided by the respondent

Remedies

  • Declaration of wrongful dismissal
  • Payment schedule
  • Security deposit

Authorities cited

Legislation (2)
  • Civil Procedure Act
  • Employment and Labour Relations Court Act
Cases cited (4)
  • Butt v Rent Restriction Tribunal (1979) KLR
  • Absalom Dova v Tarbo Transporters (2013) eKLR
  • Vista Holdings International Limited v Span Image (K) Limited (2014) eKLR
  • Nduhiu Gitahi Warugongo (1988) KLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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