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Safaricom Plc(Formerly Known As Safaricom Limited) v. Pauline Wangeci Warui

(2020) JELR 94739 (CA)

Court of Appeal  •  Civil Application Nai 89B of 2020  •  19 Jun 2020  •  Kenya

Coram
Martha Karambu Koome, Mohammed Abdullahi Warsame, Jamila Mohammed

Judgement

RULING OF THE COURT

BACKGROUND

1. The applicant, Safaricom PLC (formerly known as Safaricom Limited) filed a Notice of Motion dated 19th March, 2020 under Rule 5(2)(b) of the Court of Appeal Rules seeking orders:

“a) That this Honourable Court be pleased to grant an order of stay of execution of the Judgment and Decree of the Employment and Labour Relations Court (Onyango, J) delivered on 6th March, 2020 pending the hearing and determination of the intended appeal to this Honourable Court.

b) That costs of this application be provided for.”

2. In the motion, Pauline Wangeci Warui was named as the respondent.

3. The motion was supported by an affidavit of Daniel Ndaba, the applicant’s Senior Manager – Litigation sworn on 19th March, 2020 in which he deponed that in the impugned judgment, the learned Judge ordered that the applicant pay to the respondent Kshs.14,552,600.00 in addition to the amount of Kshs.46,224,890.00 that the applicant had paid to the respondent pursuant to a Mutual Separa…

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