Arisa v Kipkebe Limited; Ryce EA Limited (Objector) (Employment and Labour Relations Cause E005 of 2023) [2025] KEELRC 1468 (KLR) (23 May 2025) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 1468
- Citation
- [2025] KEELRC 1468 (KLR)
- Decided
- 23 May 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureRespondent/Applicant seeks stay of execution and set aside a ruling and costs, Objector seeks attachment of propertyCoramAN MWAURE
Holding
The application for stay of execution is allowed, and the decretal sum is to be deposited in court as security.
Facts
The Respondent/Applicant filed a Party and Party Bill of Costs, which was taxed by Hon. Japhet Bii. The Respondent/Applicant was dissatisfied with the ruling and filed an appeal. The Claimant/Respondent did not provide evidence to support the attachment of the motor vehicles.
Issues
- Whether the court should grant a stay of execution pending the appeal
- Whether the motor vehicles belong to the Respondent and can be attached
Reasoning
The court found that the Respondent/Applicant did not demonstrate substantial loss and did not prove the motor vehicles belonged to the Respondent. The court granted the stay of execution and set a deposit condition.
Outcome
The application for stay of execution is allowed.
Orders
- Stay of execution pending the intended appeal
- Deposit of decretal sum in court as security
Remedies
- Deposit of decretal sum in court as security
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Evidence Act
Cases cited (2)
- SHELL LTD -VS- KIBIRU & ANOTHER (1988) KLR 410
- Palace Investments Limited V Georey Kariuki Mwenda & Another [2015] KECA 616 (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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