Mwasaha (Suing as The Legal Representative of the Estate of the Late Silas Chilango Jambo - Deceased) & another v Suguna Foods Kenya Limited (Miscellaneous Application E003 of 2025) [2026] KEELRC 373 (KLR) (13 February 2026) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 373
- Citation
- [2026] KEELRC 373 (KLR)
- Decided
- 13 February 2026
Summary at a glance
TypeMiscellaneous ApplicationPostureRespondent seeks to lift warrants of attachment, stay execution, and grant further relief pending appeal.CoramAGNES KITIKU NZEI
Stay of execution of the decree pending appeal, subject to Respondent/Applicant depositing the decreed sum and paying auctioneer's charges within 14 days.
Facts
Respondent/Applicant sought a judgment awarding Kshs.8,160,000/=, which was granted. Respondent/Applicant then filed an appeal but did not pursue it further.
Issues
- Execution of the Court's decree
- Stay of execution pending appeal
Reasoning
Court considers the need to prevent the appeal from being nugatory and the Respondent/Applicant's failure to demonstrate substantial loss or provide security.
Outcome
Application allowed with conditions
Orders
- Stay of execution pending appeal
- Respondent/Applicant to deposit Kshs.8,160,000/= and pay auctioneer's charges within 14 days
Remedies
- Stay of execution
- Deposit of sum and payment of charges
Authorities cited
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