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TRAILINK GROUP LIMITED V. KENYA LONG DISTANCE TRUCK DRIVERS & ALLIED WORKERS UNION

(2021) JELR 114060 (CA)

Court of Appeal  •  CIVIL APPLICATION NO. 384 OF 2021  •  19 Nov 2021  •  Kenya

Coram
DANIEL K. MUSINGA, JA HELLEN OMONDI, JA K. I. LAIBUTA, JA

Judgement

RULING

  1. By a Notice of Motion dated 4th November 2021, the Applicant, Trailing Group Limited, prays that, pending the hearing and determination of Civil Appeal Nos. 88 of 2018, 589 of 2019 and E244 of 2021, this Court do –

    (a) spent;

    (b) stay execution of the Judgment and Decree in ELRC Cause No. 2181 of 2014 (Matthews Nduma, J.) given on 26th May 2017;

    (c) stay further execution proceedings in, and arising from, the Judgment and Decree in ELRC Cause No. 2181 of 2014 ( Matthews Nduma, J.) given on 26th May 2017;

    (d) stay execution of the Rulings and Orders given in ELRC Cause No. 2181 of 2014 (Maureen Onyango, J) on 20th December 2019 and 8th October 2021;

    (e) order and direct the respondent and Icon Auctioneers to release all the trucks and trailers proclaimed pursuant to the proclamation notice dated 26th October 2021;

    (f) order and direct that the auctioneer’s costs incurred in the execution proceedings be borne by the Respondent; and

    (g) order and direct that the Costs of this application …

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