Savanna International Limited v Joel Omagwa Momwanyi & Savanna Plant Kenya Limited [2016] KEELRC 334 (KLR)

REPUBLIC OF KENYA

IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAKURU

APPEAL NO. 7 OF 2016

(Originally Naivasha High Court Civil Appeal No. 75 of 2016)

SAVANNA INTERNATIONAL LIMITED            APPELLANT

v

JOEL OMAGWA MOMWANYI                 1ST RESPONDENT

SAVANNA PLANT KENYA LIMITED       2ND RESPONDENT

RULING

1. The Appellant moved the High Court in Naivasha on 7 November 2016 seeking stay pending appeal.

2. The High Court granted temporary stay of execution pending appeal and at the same time transferred the proceedings to this Court because the cause of action arose within the course of employment.

3. The file was transfered to this Court and on 10 November 2016, the Appellant urged the motion dated 7 November 2016.

4. The documents placed before Court show that auctioneers had moved to attach the Appellant’s properties.

5. The Court will in the circumstances grant proposed order 2 of the motion on condition that the decretal sum of Kshs 92,114/58 and Kshs 63,435/- being auctioneers fee as exhibited in the fee note are  deposited into Court on or before 18 November 2016.

6. If any properties have been proclaimed/attached, the same should be released on deposit of the decretal sum and auctioneers fee into Court.

7. The motion to be served for inter partes hearing on 22 November 2016.

8. Costs in the cause.

Delivered, dated and signed in Nakuru on this 11th day of November 2016.

Radido Stephen

Judge

Appearances

For Appellant                              Ms. Nasimiyu instructed by Mukite Musangi & Co. Advocates

For Respondent                          not yet served

Court Assistants                          Nixon/Daisy