Ndung’u v Geoffrey Kagwanja t/a Hotel Patron (Employment and Labour Relations Cause E072 of 2021) [2024] KEMC 131 (KLR) (16 July 2024) (Ruling)
- Court
- Magistrate's Courts
- Case number
- 131
- Citation
- [2024] KEMC 131 (KLR)
- Decided
- 16 July 2024
AI Summary
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TypeEmployment and Labour RelationsPostureAppeal from a previous judgmentCoramALOYCE-PETER-NDEGE, Ndichu, Kamar h/b Esuchi
Holding
The application is dismissed for want of merit.
Facts
The applicant, Serah Nduta Ndung'u, filed an application seeking a stay of execution of a judgment rendered by the court on March 14, 2024, which ordered her to pay Kshs. 2,383,938.20 to the claimant, Geoffrey Kagwanja. The applicant has filed an appeal against the judgment.
Issues
- Whether the application for stay of execution is merited and meets the threshold for grant of stay pending appeal.
- Whether the applicant has met the conditions for granting an order of stay of execution.
Reasoning
The court finds that the application does not meet the threshold for grant of stay of execution pending appeal due to unreasonable delay and the applicant's failure to provide security.
Outcome
The application is dismissed.
Orders
- The application is dismissed for want of merit.
- Costs to abide the outcome of the appeal.
Authorities cited
Cases cited (1)
- RWW vs. EKW (2019) eKLR
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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