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Guerra v Urysia Limited (Cause 649 of 2017) [2025] KEELRC 25 (KLR) (14 January 2025) (Ruling)

[2025] KEELRC 25 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
25
Citation
[2025] KEELRC 25 (KLR)
Decided
14 January 2025
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

TypeAppealPostureAppeal from a previous judgmentCoramJW KELI
The application for a stay of execution pending appeal is allowed.

Facts

The applicant, Guerra, sought a stay of execution of a judgment against Urysia Limited, which was delivered on February 23, 2024. The applicant appealed the judgment and requested an interim stay of execution.

Issues

  • Conditions for granting a stay of execution pending appeal
  • Substantial financial loss to the applicant
  • Security for performance of the decree

Reasoning

The court found that there was no inordinate delay in filing the application and that the conditions for granting a stay of execution were met. The court granted a stay of execution pending the hearing and determination of the appeal.

Outcome

The application for a stay of execution pending appeal is allowed.

Orders

  • An order of stay of execution of the judgment delivered on February 23, 2024 pending the hearing and determination of the intended appeal

Remedies

  • Stay of execution of the judgment pending appeal

Authorities cited

Legislation (2)
  • Civil Procedure Act
  • Employment and Labour Relations Court (Procedure) Rules 2024
Cases cited (1)
  • Dickson Isabwa Angaluki & 2 Others vs. Ukwala Supermarkets Ltd & 2 others [2013] 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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