Maina v Standard Group Limited (Employment and Labour Relations Cause 1922 of 2016) [2024] KEELRC 756 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the application was filed without undue delay
The application filed 8 months after judgment was inordinately delayed and no explanation was given
The court noted that the application was filed almost eight months after the judgment sought to be appealed. Order 42 Rule 6 requires that a stay application be brought without undue delay. The Applicant did not explain the delay, which the court held was inordinate, defeating the application on this limb alone.
Whether the Applicant would suffer substantial loss if stay is not granted
No substantial loss demonstrated; the decree holder proved he is a man of means capable of refunding the decretal sum
The Applicant alleged the Claimant was a man of no known means so the appeal would be rendered nugatory. The Claimant rebutted this by showing he is a CEO earning KShs.920,028 monthly and owns land and rental properties. That evidence was not challenged, so the court was not persuaded substantial loss was shown.
Legal principles established
#- An application for stay of execution pending appeal must be lodged without undue delay and the delay must be explained
- A successful litigant should not be deprived of the fruits of judgment without just cause
- The applicant for stay bears the burden of demonstrating substantial loss with sufficient material
Court orders
#- 1.The application for stay of execution pending appeal is dismissed
- 2.Costs awarded to the Claimant/Respondent
- On appeal from
- null
- null
- Jurisdiction invoked
- Order 42, Rule 6 of the Civil Procedure Rules; Section 1A, 1B and 3A of the Civil Procedure Act; Rule 32 of the Employment and Labour Relation Court (Procedure) Rules 2016
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Maina v Standard Group Limited (Employment and Labour Relations Cause 1922 of 2016) [2024] KEELRC 756 (KLR)", Case Analysis (2024). Notice of Motion Application dated 8th March 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/756/eng@2024-04-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.