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KENYA METHODIST UNIVERSITY V. MARY KAUNGANIA & KABERIA ISAAC KUBAI

(2017) JELR 100024 (CA)

Court of Appeal  •  Civil Application 89 of 2016 (UR 66 of 2016)  •  1 Mar 2017  •  Kenya

Coram
Roselyn Naliaka Nambuye, Hannah Magondi Okwengu, Patrick Omwenga Kiage

Judgement

RULING OF THE COURT

Before us is a Notice of Motion dated the 22nd day of November, 2016 and lodged in the Court’s sub-Registry at Nyeri on the 23rd day of November, 2016, brought under Section 3A and 3B of the Appellate Jurisdiction Act Cap 9 Laws of Kenya, Rule 5(2) (b) of the Court of Appeal Rules 2010, and all other enabling provisions of the law. One substantive relief together with an attendant order for costs is sought, namely, that pending the hearing and determination of the intended appeal this Honourable court be pleased to issue an order staying any further proceedings, further computation and/or quantification or execution of the Respondents’ claim in the Employment and Labour Relations Court in Cause No.4 of 2016 as consolidated with Cause No.5 of 2016, Mary Kaungania Nkari and Kabaria Isaac Kubai versus Kenya Methodist University.

The application is supported by the grounds on its body, and the supporting affidavit. It has been opposed by a replying affidavit deposed by R…

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