Alliance One Tobacco Kenya Limited v Kenya Union of Commercial, Food and Allied Workers & 5 others

2 The applicant led an application in this Court for stay of execution pending appeal and the record shows that in a ruling delivered on 31st May, 2016 this Court granted orders of stay of execution pending appeal conditional upon the applicant paying a sum of Ksh.10,000,000 into an interest earning account in the joint names of the Advocates on record for the parties or in the alternative, obtaining and ling a bank guarantee for the said sum to the Court of Appeal, Nyeri. Such a guarantee was duly obtained by the applicant and the original document was led with the Deputy Registrar, Court of Appeal, Nyeri, on 28th June, 2016 issued by CFC Stanbic Bank. 3 By a judgment delivered on 11th July, 2019 this Court allowed the appeal by the applicant (Nyeri C.A. No. 50 of 2016). 4 By Motion on Notice brought pursuant to directions of the Registrar on 21st December, 2021, under Rule 42 of the Court of Appeal Rules, 2010 and all other enabling provisions of law, the applicant prays in the main that we issue an order to our Deputy Registrar, Nyeri, directing release of the original and triplicate copies of the guarantee issued by CFC Stanbic Bank on 28th June, 2016 to the applicant. The applicant has set out grounds in support of the Motion which are repeated in the supporting adavit of Sammy Muriithi Ikingi, the applicant’s Company Secretary, which in essence repeat the history of the matter which we have set out in this Ruling. Attached as annextures to the adavit is the Order of this Court given on 31st May, 2016 granting conditional stay of execution pending appeal; the bank guarantee issued by CFC Stanbic Bank dated 28th June, 2016 and correspondence between the parties. 5 As we have seen, this Court gave conditional stay of execution pending appeal. The appellant in compliance with the said order obtained a bank guarantee from its bank which was led in Court. The appeal was thereafter heard and allowed and this event meant that the substratum of the matter was lost, it was no longer necessary to have or to maintain the bank guarantee. 6 The applicant says that it requires our Order to enable the Registrar of this Court to release the guarantee. There is no reason advanced why the applicant should not have that Order, indeed at the hearing of the Motion which came up before us on 4th July, 2022 learned counsel Mr. Njeru, for the 2nd to 6th respondents, indicated to us that he had already executed necessary documents to the said bank for release of the guarantee. 7 We allow the Motion dated 27th January, 2022. We direct the Registrar to release to the applicant the original guarantee issued in this matter by CFC Stanbic Bank and any copies that may be in the le. As the matter is uncontested, each party to bear their own costs. DATED AND DELIVERED AT NAIROBI THIS 22ND DAY OF JULY, 2022. D.K. MUSINGA, (P) .................................. JUDGE OF APPEAL J. MOHAMMED .................................. JUDGE OF APPEAL S. ole KANTAI .................................. JUDGE OF APPEAL kenyalaw.org/caselaw/cases/view/235409/ 2

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I certify that this is a true copy of the original. Signed DEPUTY REGISTRAR kenyalaw.org/caselaw/cases/view/235409/ 3

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