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Nzoia Sugar Company Limited v. Nobert Muhoro Ikundo Mwanyalo

(2020) JELR 93790 (CA)

Court of Appeal  •  Civil Application 154 of 2019  •  9 Oct 2020  •  Kenya

Coram
Wanjiru Karanja, Milton Stephen Asike Makhandia, Stephen Gatembu Kairu

Judgement

RULING OF THE COURT

1. In an application dated 28th November 2019, the applicant Nzoia Sugar Company Limited, seeks an order of stay of execution of a judgment delivered on 4th November 2019 by which the Employment and Labour Relations Court (ELRC) (Nduma, J.) dismissed a claim by the respondent, Nobert Muhoro Ikunda Mwanyalo, that his employment was unlawfully and unfairly terminated but nonetheless awarded him Kshs.3,655,573.48 in respect of salaries arrears, interest and costs. Aggrieved, the applicant lodged a notice of appeal filed on 8th November 2019 on which the present application is hinged.

2. To succeed in its application, the applicant should demonstrate that the intended appeal is arguable and that should the Court decline to stay the judgment, and the appeal succeeds, it will be rendered nugatory. See for instance Co-operative Bank of Kenya Limited v. Banking Insurance and Finance Union (Kenya) [2015] eKLR.

3. Although the respondent was served with the application and notiā€¦

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