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West Kenya Sugar Company Limited v Ndombi (Appeal E004 of 2024) [2024] KEELRC 701 (KLR) (18 March 2024) (Ruling)

[2024] KEELRC 701 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
701
Citation
[2024] KEELRC 701 (KLR)
Decided
18 March 2024
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

Summary at a glance

TypeAppealPostureAppellant's Notice of Motion for a stay of execution of a judgmentCoramJW KELI
The Court grants a stay of execution of the judgment and orders the Respondent to deposit the entire decretal amount in the Court within 15 days.

Facts

The Appellant, West Kenya Sugar Company Limited, filed an appeal against a judgment entered against it by Hon. Angeline Odawo in Kakamega CMELRC No.E009 of 2020. The judgment was entered on 7th February 2024, and the Appellant was dissatisfied with the judgment.

Issues

  • Stay of execution of the judgment
  • Deposit of decretal amount pending appeal

Reasoning

The Court grants the stay of execution due to the Respondent's non-appearance and the high chance of success of the appeal.

Outcome

Appeal granted

Orders

  • Stay of execution of the judgment
  • Order to deposit decretal amount

Remedies

  • Stay of execution
  • Deposit of decretal amount

Authorities cited

Legislation (3)
  • Article 48 and 50(1) of the Constitution of Kenya
  • Sections 1A, 1B, and 3B of the Civil Procedure Act
  • Order 42 Rule 6 of the Civil Procedure Rules
Cases cited (1)
  • MFI Document Solutions Ltd v Paretto Printing Works Limited (2021) eKLR
⚠ 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.
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