Sunrise Hauliers Limited v Motaroki (Appeal E019 of 2023) [2024] KEELRC 631 (KLR) (29 February 2024) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 631
- Citation
- [2024] KEELRC 631 (KLR)
- Decided
- 29 February 2024
Summary at a glance
TypeAppealPostureAppeal from a decision of the Labour CourtCoramJW KELI
The court denied the application for stay of execution pending appeal.
Facts
Sunrise Hauliers Limited's motor vehicle was auctioned by Remma Auctioneers in Kisumu in the execution of a decree (BGM CMCC No 584 of 2016). The company filed for review of the judgment, but the court denied the stay of execution pending appeal.
Issues
- Whether the applicant has demonstrated that the orders of stay of execution pending appeal are merited.
- Whether the applicant can exercise both the Right of Appeal and Review at the same time.
- Whether the Appellant has met the conditions for stay of Execution.
Reasoning
The court found that the applicant cannot file an appeal when a review exists on the same grounds, and that the applicant has not met the conditions for stay of execution.
Outcome
Appeal dismissed
Orders
- The application for stay of execution pending appeal is denied.
Authorities cited
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