Login Register

Abyssinia Iron & Steel Ltd v. Kenya Engineering Workers Union & Jokali Handling Services Limited

(2015) JELR 105626 (CA)

Court of Appeal  •  Civil Application 71 of 2014 (Ur 50/2014)  •  5 Mar 2015  •  Kenya

David Kenani Maraga, Festus Azangalala, Sankale ole Kantai



In a judgement delivered on 25th February, 2014 Hellen Wasilwa, J, ordered the appellant to recognize a union of the respondents employees within thirty days of the date of the said judgement in default of which execution was to issue. The appellant was dissatisfied with those orders and filed Kisumu Civil Appeal No. 67 of 2014 which appeal is pending hearing.

In the Notice of Motion brought before us which is stated to be anchored on Sections 3A and 3B of the Appellate Jurisdiction Act and Rule 5 (2) (b) of this Courts Rules it is prayed that we grant an injunction restraining the respondents or their servants or agents from executing the decree in the case appealed from – Kisumu Industrial Court Case No. 74 of 2013 – pending hearing and determination of the said appeal.

We are also asked to order a stay of proceedings in that case.

The grounds set out on the face of the Motion and which are reiterated in an affidavit of Peter Kaguamba, the Personnel Manager of the ap…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login