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ELRCDismissedCivil Appeal No E021 of 2021· [2021] KEELRC 1716 (KLR)
Unigroup Transporters Limited v Joseph Kinyae Kiteke [2021] KEELRC 1716 (KLR)
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·~5 min to read original · ~4 min briefThe bottom line
#What this practically means
#Executive summary
#The Appellant, Unigroup Transporters Limited, moved the Court by Notice of Motion dated 6th April 2021 seeking a stay of proceedings in Cause No 458 of 2018 (Joseph Kinyae Kiteke v Unigroup Transporters Limited) pending at the Chief Magistrate's Court at Mombasa, and a stay of any judgment, pending its appeal. The Appellant complained that the lower court matter had proceeded ex parte without its participation, that its application to set aside the ex parte proceedings had been dismissed, and that it feared judgment would be delivered to its detriment. The Respondent opposed, deponing that the Appellant's Advocates were served with a hearing notice, that there was communication between Counsel before and on the hearing date, that the Appellant's Counsel declined to attend, and that the application was brought in bad faith. The court framed one issue: whether the Appellant had made out a case for stay of proceedings. Applying the established principles that a stay of proceedings is a grave and fundamental interruption of litigation, to be exercised sparingly and only in exceptional circumstances, and that the court must weigh the interest of justice, the court found the Appellant and its Counsel were aware of the hearing date and had no valid reason for absence; the trial court properly proceeded ex parte after satisfying itself of due service. No exceptional circumstances having been established, the Motion was declined with costs to the Respondent. The ruling was delivered virtually on 20th May 2021 by Linnet Ndolo J.
Key legal issues
#01
Whether the Appellant established a case for stay of proceedings pending appeal
Holding
The application was declined as no exceptional circumstances were shown
Reasoning
The court found the Appellant and its Counsel were aware of the hearing date, having been served with a hearing notice and having communicated with the Respondent's Advocates before and on the hearing date. The Appellant's Counsel did not counter these averments. The trial court, satisfied of due service, lawfully proceeded ex parte. Since stay of proceedings is a grave interruption permissible only in exceptional circumstances, and none were established, the Motion failed with costs.
p. 2
Legal principles established
#- Stay of proceedings is a serious and grave interruption of a party's right to conduct its litigation and will only be granted in exceptional circumstances
- Whether to grant a stay of proceedings is a matter of judicial discretion exercised in the interest of justice, weighing expeditious disposal, arguability of the appeal, judicial time and expeditiousness of the application
Court orders
#- 1.The Appellant's Motion dated 6th April 2021 seeking stay of proceedings and stay of judgment in Cause No 458 of 2018 is declined
- 2.Costs of the application to the Respondent
- On appeal from
- Chief Magistrate's Court at Mombasa
- Cause No 458 of 2018: Joseph Kinyae Kiteke v Unigroup Transporters Limited
- Jurisdiction invoked
- Appellate jurisdiction of the Employment and Labour Relations Court over an appeal from the Chief Magistrate's Court (statutory basis not expressly stated in the judgment)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Unigroup Transporters Limited v Joseph Kinyae Kiteke [2021] KEELRC 1716 (KLR)", Case Analysis (2021). Civil Appeal No E021 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/1716/eng@2021-05-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.