Peter Mutune v Yalfa Cargo Logistics Ltd [2019] KEELRC 1882 (KLR)

REPUBLIC OF KENYA

IN THE EMPLOYMENT AND LABOUR

RELATIONS COURT AT MOMBASA

CAUSE NUMBER 528 OF 2016

BETWEEN

PETER MUTUNE ……………............................... CLAIMANT

VERSUS

YALFA CARGO LOGISTICS LTD.......................RESPONDENT

RULING

1. This matter comes up for Ruling, on an Application filed by the Respondent on 28th February 2019, asking the Court to issue orders of stay of execution; setting aside of Judgment on record; and grant the Respondent unconditional leave to respond to the Claim.

2.  The Application was heard on 14th March 2019.

3.  The history of the Cause is explained in the Judgment on record, at paragraph 2.  It was restated in another Ruling dated 22nd February 2019.

4. The Application filed on 28th February 2019 cannot be granted.  The reasons for this are captured in the Judgment, and Ruling dated 22nd February 2019.

IT IS ORDERED:-

a)   The Application filed by the Respondent on 28th February 2019 is rejected with no order on the cost.

Dated and delivered at Mombasa this 28th day of March 2019.

James Rika

Judge