Mathias N. Ogama Rebman Ambalo Malala T/A Ujenzi Consultants v Joseph Buluma Ogama

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Civil Appeal 535 of 2005 MATHIAS N. OGAMA REBMAN AMBALO MALALA T/A UJENZI CONSULTANTS.....…………………… APPELLANTS VERSUS JOSEPH BULUMA OGAMA …………...........................................................…. RESPONDENT (Being an appeal from the ruling of the Honourable Court Milimani Commercial Court CMC No.7490 of 2005 at Nairobi by Honourable Cherono dated 15th July 2005. BETWEEN JOSEPH BULUMA OGAMA …………...……………….............................………….. PLAINTIFF VERSUS MATHIAS NASUBO OGAMA …………..................................……………….. 1ST DEFENDANT REBMAN AMBALO MALALA Both T/A UJENZI CONSULTANTS……………………..............................…. 2ND DEFENDANT RULING 1: BACKGROUND OF APPLICATION 1. The applicant is the employer to the respondent. The parties relationship was that of master/servant. 2. On 29.7.03 the respondent/original plaintiff sued his employer the applicant original defendant for wrongful termination of his employment. He sort for the court to award him Ksh.455,800/- for his salary owed to him. 3. The trial magistrate awarded this sum and dismissed the applicants counter claim. 4. The respondent now is in the process of executing the said decreetal sum. The applicant employer prays for a stay of execution pending the hearing of the appeal. 5. This court hereby grants the application. There be stay of execution on the magistrates orders

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