Banking, Insurance & Finance Union v Elimu Sacco Society Ltd (Cause E6536 of 2020) [2025] KEELRC 398 (KLR) (14 February 2025) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 398
- Citation
- [2025] KEELRC 398 (KLR)
- Decided
- 14 February 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureRespondent/Applicant seeks orders of stay of execution pending appealCoramCN BAARI
Holding
An order of stay of execution is granted
Facts
The Respondent/Applicant seeks a stay of execution pending appeal of a judgment and decree against the Applicant. The Respondent/Applicant fears the decree holder will proceed with execution proceedings despite its intended appeal.
Issues
- Whether to grant an order of stay of execution pending appeal
- Whether the Respondent/Applicant has shown substantial loss and unreasonable delay
Reasoning
The court grants the stay to prevent the appeal from being rendered nugatory and to allow the Respondent/Applicant to deposit the decretal sum in a joint interest earning account.
Outcome
Order of stay granted
Orders
- An order of stay of execution do hereby issue against the execution of the Judgment and decree rendered in this matter on 28th March, 2024, until the appeal is heard and determined.
- The Respondent/Applicant to deposit the decretal sum in a joint interest earning account within 45 days of this order, and in default execution to issue.
- Parties shall bear their own costs of this motion.
Remedies
- Stay of execution pending appeal
Authorities cited
Legislation (1)
- Civil Procedure Act
Cases cited (2)
- Wilson v Church (No 2) 12 Ch D (1879) 454
- Century Oil Trading Company Ltd vs. Kenya Shell Limited Nairobi (Milimani) HCMCA No. 1561 of 2007
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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