Twins Hardware & Auto Spares v Orasirasi [2024] KEELRC 13353 (KLR)

Twins Hardware & Auto Spares v Orasirasi (Appeal E080 of 2024) [2024] KEELRC 13353 (KLR) (6 December 2024) (Ruling)

Neutral citation: [2024] KEELRC 13353 (KLR)

Republic of Kenya

In the Employment and Labour Relations Court at Nakuru

Appeal E080 of 2024

J Rika, J

December 6, 2024

Between

Tabitha Mumbua Maliti t/a Twins Hardware & Auto Spares

Appellant

and

Ole Muna Orasirasi

Respondent

Ruling

1. The Application filed by the Appellant dated 4th December 2024, seeking an order of stay of execution of Judgment/ Decree of the Trial Court, is fatally defective.

2. Prayer [b] refers to Judgment / Decree made on 9th October 2024.

3. Prayer [c] refers to Judgment / Decree made on 11th June 2024.

4. A copy of the Judgment exhibited by the Appellant does not seem to disclose the date of delivery.

5. The Memorandum of Appeal states the date of Judgment / Decree is 9th October 2024.

6. If delivery was on 9th October 2024, the Appeal was filed outside the period of 30 days, allowed under Rule 12 [1] of the Employment and Labour Relations Court [Procedure] Rules, 2024. It is ordered: -a.The Application is declined.b.No order on the costs.

DATED, SIGNED AND DELIVERED ELECTRONICALLY VIA E-MAIL, AT NAKURU, THIS 6TH DAY OF DECEMBER 2024. James RikaJudge