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ABERCOMBIE & KENT LIMITED
V.
JOHN WANJAU MAINA

(2020) JELR 106352 (CA)

Court of Appeal 10 Jul 2020 Kenya
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Case Details

Suit Number:Civil Appeal (Application) Nai 184 of 2019 (Ur 170/2019)
Judges:Milton Stephen Asike Makhandia, Fatuma sichale, Patrick Omwenga Kiage
Location:Nairobi
Other Citations:Abercombie & Kent Limited v. John Wanjau Maina [2020] eKLR

RULING OF THE COURT

The applicant has moved this Court under Rule 5(2)(b) of this Court’s Rules, for orders of stay of proceedings in the Employment and Labour Relations Cause (ELRC) No.832 of 2014 pending the hearing and determination of the intended appeal from the ruling and order of Ndolo, J in which she held that the matter before her was formally settled in the sum of Kshs. 848, 366.47 by Hon. Justice Mathews Nderi Nduma on 21st June 2017 and that the respondent be stood down to allow the parties to address the court before the Principal Judge for further directions on the 14th May 2019.

The application is supported by an affidavit sworn by one Geoffrey C. Mwangi which sets out the background to the motion and the grounds upon which it is anchored. It has also annexed various documents in support thereof.

In brief, the applicant contends that, no consent was recorded as there was no such intention of reaching an agreement as evinced by the fact that the applicant had prepared for a…

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