Olemuteke v Jiwa (Cause 35A of 2018) [2024] KEELRC 671 (KLR) (7 March 2024) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 671
- Citation
- [2024] KEELRC 671 (KLR)
- Decided
- 7 March 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a judgment and decree granting costsCoramJ.W. KELI
Holding
The court grants a stay of execution of the judgment and decree pending the appeal.
Facts
The claimant, Olemuteke, was found liable in a previous judgment and decree, and subsequently filed an appeal. The respondent, Jiwa, has proceeded to execute the judgment.
Issues
- Whether the applicant has demonstrated that the grant of Orders of stay of execution pending appeal is merited.
- Whether the claimant has met together all the Requirements for a stay of Execution set out under Order 42 Rule 6(2) of the Civil Procedure (Amendment) Rules 2020.
Reasoning
The court found that the claimant has demonstrated substantial loss and that the status quo should be maintained to preserve the appeal.
Outcome
Appeal granted, stay of execution of the judgment and decree pending appeal in the Court of Appeal.
Orders
- The applicant shall deposit the entire decretal sum of Kshs. 312,630/- in Court within 15 days of this ruling; or if already paid, produce and serve the Respondent with the proof of the payment into the Judiciary account within the said period.
Remedies
- Stay of execution of the judgment and decree pending appeal in the Court of Appeal.
Authorities cited
Legislation (3)
- Civil Procedure Act
- Order 42 Rule 6 of the Civil Procedure Rules
- Article 159(2) of the Constitution
Cases cited (3)
- RWW V EKW (2019)
- David Kihara Murage v Jacinta Karuana Nyangi and Another (2015)
- Antoine Ndianye v African Virtual University (2015)
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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