R U L I N G
On 9th May, 2011, I declined to certify as urgent, the motion filed herein on the same day as it did not occur to me that there was any danger of execution of the lower court’s decree before the motion was heard. The motion was taken out under rule 5 (2) (b) of the rules of this Court seeking an order for stay of execution of an award made by the Industrial Court on 1st February, 2011. Before that court, the respondent herein had claimed that he was an employee of the applicant between the years 2000 and 2003 on terms appearing in documents executed between them. In June 2003, the respondent threatened to leave the employment owing to breaches committed by the applicant but the applicant decided to re-engage him on fresh terms. In the year 2009, however, the respondent resigned from employment on account of breaches of the new terms. He demanded payment in excess of Shs.126 million as unpaid dues and when no payment was made, he submitted the claim to the Industrial Court…