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PRIDE-INN HOTEL & CONFERENCING V. DIANA AMAYI

(2015) JELR 95342 (CA)

Court of Appeal  •  Civil Application 42 of 2014 (UR 37/14)  •  3 Jul 2015  •  Kenya

Coram
Martha Karambu Koome, Hannah Magondi Okwengu, George Benedict Maina Kariuki

Judgement

RULING OF THE COURT

[1] By a claim lodged in the Industrial Court, Diana A. Amayi, (the respondent before us), sought judgment against her former employer, Labour Relations Court, Pride-Inn Hotel and Conferencing (the applicant before us), for payments due to her upon termination of her employment. On the 3rd of October, 2014, the Industrial Court (Makau, J.), delivered a judgment in favour of the respondent for Kshs. 390,828/= plus costs and interest. Being dissatisfied with the judgment of the Industrial Court, the applicant lodged a Notice of Appeal on the 8th of October, 2014 against the judgment. Subsequently, the applicant moved to this court and filed a Notice of Motion under Section 3A and 3B of the Appellate Jurisdiction Act; and Rules 5 (2) (b), 42 and 47 of the Court Rules as well as Article 159 of the Constitution. The main prayer in the motion was for stay of execution of the decree/judgment delivered by the Industrial Court on 3rd October, 2014, pending the hearing and de…

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