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Naivas Company Limited v. Henry C. Langat

(2017) JELR 98619 (CA)

Court of Appeal  •  Civil Application 27 of 2017  •  12 Jul 2017  •  Kenya

Coram
George Benedict Maina Kariuki, Sankale ole Kantai, Fatuma sichale

Judgement

RULING OF THE COURT

The applicant NAIVAS LIMITED, filed a Notice of Motion application dated 2nd March, 2017. In the main, the applicant sought an order of stay of the execution of the judgment of Radido, J. delivered on 6th May, 2016. Henry C. Langat was named as the respondent. The appellant’s motion was supported by the affidavit of DAVID KIMANI MUKUHA a director of the applicant, sworn on 2nd March, 2017. In the supporting affidavit it was deponed that the respondent who was the applicant’s employee stole goods from the applicant and the respondent together with others were charged in Criminal Cases No. 401 and 402 of 2012; that the respondent was found guilty and sentenced to serve 6 and 5 years respectively; that on 22nd July, 2013 the respondent filed a claim in the then Industrial Court of Kenya claiming damages for wrongful termination and Radido, J. awarded the respondent a total sum of Ksh.777,150/- for wrongful termination.

In opposition to the motion, the respondent swore a…

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