TWIGA CHEMICAL INDUSTRIES LIMITED V. ALLAN STEPHEN REYNOLDS

RULING OF THE COURT

Following the termination of his employment with Twiga Chemicals Industries Limited, the applicant herein, Allan Stephen Reynolds, the respondent, sued the applicant for various sums and for breach of the contract of employment. Githinji J, (as he then was) gave him judgment for KShs.7,116,628.34 plus costs and interest at 12% per annum from the date of the suit till payment in full. The decree followed and upon computation, the decretal sum came to KShs.14,203,040.50.

The applicant was aggrieved and immediately it filed a notice of appeal dated 19^th November, 2004, declaring its intention of appealing against the aforesaid decision. Thereafter he successfully moved the superior court for an order of stay of execution pending the filing and determination of the appeal. The stay was, however, conditional on the applicant depositing within thirty (30) days of the date of the ruling, the entire decretal sum in an interest bearing account in the joint names of the advoca…