Impression Advertising Limited v Mantrac Kenya Limited [2021] KECA 229 (KLR)

Impression Advertising Limited v Mantrac Kenya Limited (Civil Appeal E286 of 2021) [2021] KECA 229 (KLR) (Civ) (19 November 2021) (Order)

Neutral citation: [2021] KECA 229 (KLR)

Republic of Kenya

In the Court of Appeal at Nairobi

Civil

Civil Appeal E286 of 2021

W Karanja, AK Murgor & A Mbogholi-Msagha, JJA

November 19, 2021

Between

Impression Advertising Limited

Applicant

and

Mantrac Kenya Limited

Respondent

(Being an Application for Stay of Execution and further proceedings from the Ruling and order of the Employment and Labour Relations Court at Milimani (Hon. Hellen Wasilwa, J) delivered on 27th February 2020 in ELC Petition No. 114 of 2019)

Order

1. We have heard Mrs. Maina and Mr. Mwihuri learned counsel for the applicant the respondent, respectively. Whereas they were amenable to negotiating terms on conditions of a stay order, they have been unable to agree on the terms.

2. We have considered their proposals and bearing in mind the circumstances surrounding the matter, we grant conditional stay of execution and enforcement of the judgment and decree of Hon. Obaga, J. made on 26th September 2019, pending the hearing and determination of the appeal on condition that the applicant executes a Bank Guarantee for Kshs. 10,000,000 (Kenya Shillings Ten Million) within 45 days from the date hereof, failing which the stay orders will stand vacated leaving the respondent at liberty to execute the impugned orders/decree.

DATED AND ISSUED AT MOMBASA THIS 19TH DAY OF NOVEMBER, 2021W. KARANJA.....................................JUDGE OF APPEALA. K. MURGOR....................................JUDGE OF APPEALA. MBOGHOLI MSAGHA......................................JUDGE OF APPEALI certify that this is a true copy of the originalSignedDEPUTY REGISTRAR