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…The Claimant appealed to this Court and in its judgment delivered on 25th October, 2021, the Court allowed the appeal and substituted the order of the Lower Court dismissing the claim with an order that judgment be entered…

…The appellant consequently embarked on the process of executing the judgment of the Court prompting the present application. 3.…

…When the application came up on 25 May 2023, the judgment debtor informed the Court that a payment of Kshs 200,000/- had been made that morning. 6.…

…The Court directed the judgment debtor to make a further payment of Kshs 200,000/- before 16 June 2023, with further directions set for 19 June 2023. 7.…

…The Appellants submit that Judgment on liability was conclusively entered on 22nd February, 2022 upon entry of the Interlocutory Judgment and therefore, the court was functus officio regarding the issue of liability. 10.…

…The Appellants’ assertion is that the Trial Court entered an interlocutory judgment and thus erred when it purported to vacate and/or set aside the judgment already entered. 15.…

…The Appellant prays that his appeal be allowed, and the judgment and decree of the Trial Magistrate be set aside and be substituted therefore with a just judgment with a proper award of his claims. 5.…

…The Appellant further submits that the issue of liability was determined by virtue of the Interlocutory Judgment which was endorsed on 1st July, 2021.…

…As observed in the cases cited above, a judgment of a Court of law is a debt and enforcement thereof per se cannot constitute a substantial loss.…

…The applicant for stay becomes a judgment debtor until the appeal is successful. Therefore to pay ones debt cannot by any manner of interpretation constitute a substantial loss.…

…(vi) THAT upon perusing the Judgment delivered by the Honourable Court, the Appellant was dissatisfied with the findings therein and is desirous to Appeal against the said Judgment.…

…Upon perusal of the judgment, the Applicant felt aggrieved and became desirous of appealing.…

…in that judgment. 2.…

…The Applicant avers that the Court in its judgment of 2nd March, 2023 entered in favour of the Applicant, awarded the Applicant a total of Kshs. 44,368.30/- and costs of the suit. 5.…

…Hellen Wasilwa of 19th June, 2019 where she found out that the Respondent had perpetuated an act of fraud by tampering with the directorship of the Judgment debtor Company with the sole purpose of obstructing the enforcement…

…of the judgment 5.…

…By a motion dated 5th April, 2023 the applicant sought orders among others that; a) THAT pending the hearing and determination of this application inter- parties, the Respondent be restrained from executing the Judgment and…

…Decree in MC ELRC Number E.1397 of 2020 delivered on 09/03/2023. b) THAT pending the hearing and determination of the appeal herein, the Respondent be restrained from executing the Judgment and Decree in MC ELRC Number 1397…

…The judgment subject of the instant application has been annexed to the motion. The orders granted by the Court that delivered the judgment are as follows: - “a.…

…Interest at court rates from date of judgment till payment in full d. 1st, 3rd, 4th and 5th Respondents to pay costs of the suit.” 13.…

…of success as the same was geared towards frustrating the Respondent from enjoying the fruits of the judgment. 8.…

…The Applicant states that the Judgment was delivered on 31st October, 2022 while the Respondent states the same was delivered on 31st August, 2022.…

…The Honourable Court be pleased to grant an order of stay of execution of the Judgment of Hon. Robert Mobisa Oanda delivered on 16th March, 2023, at Winam Law Courts, Employment and Labour Relations Court Case No.…

…The appellant/Applicant’s motion was filed on 13th April, 2023, while the judgment subject thereof, was rendered on 16th March, 2023, just about a month thereafter. One month in my view is not inordinate delay. 17.…

…On 9 March 2023, the Respondent moved the Court seeking orders: (1) … (2) … (3) … (4) … (5) … (6) THAT this Honourable Court be pleased to grant stay of execution of the judgment entered against the Respondent/applicant on…

…29th September 2022 and the resultant decree thereof pending the hearing and determination of the application for stay of execution of the judgment delivered by Hon Justice Stephen Radido. (7) THAT the Honourable Court be…

…is an error or mistake apparent on the face of the record; or that the judgment requires clarification; and finally, that there exists sufficient cause to review the judgment. 17.…

…The Court then allowed parties to file submissions and subsequently, rendered the judgment on 8th December, 2023. 20.…

…By an application dated 16th May, 2023 the applicant moved the Court seeking orders among other that: i) This Honourable Court be pleased to grant an order of stay of execution of the Judgment of this Court delivered on 23rd…

…According to counsel, the claimant in the instant case has obtained a judgment of a colossal sum of Kshs. 6,805.073 as well as costs.…

…According to Counsel, a judgment more than twelve years which was the case with current judgment was not enforceable.…

…On the issue that the judgment that the judgment is statute barred, Counsel submitted that this was misconceived.…

…The Applicant seeks that the Court reviews its judgment and make an award per clause 21 of the CBA. 5.…

…to review the judgment. 8.…

…The applicant dated 28th February, 2023 seeks an order for the extension of time to file an appeal against the judgment of the trial court Hon. S. N. Muchungi delivered on 29th December, 2022.…

…The applicant further seeks stay of execution of the said judgment and decree issued thereafter. 2. The application was supported by the affidavit of Victoria Nyaga who deponed inter-alia that;- a.…

…judgment was in breach of the law. 3.…

…face of the record in that the judgment was silent on the prayer for service pay. 4.…