BOARD OF TRUSTEES OF THE NATIONAL SOCIAL SECURITY FUND
V.
BLANTINE ACHITSA INDULI & ANOTHER (SUING AS THE LEGAL REPRESENTATIVE OF THE ESTATE OF THE LATE ADRIAN INDULI SHIKALI)

RULING OF THE COURT

The BOARD OF TRUSTEES OF THE NATIONAL SOCIAL SECURITY FUND, the applicant herein, moves the Court under rule 5(2)(b) of the Court’s rules for an order:-

“That there be a stay of execution of the judgment delivered on the 30^th day of May, 2007 and the decree ensuing therefrom on such terms as this Honourable Court may deem apt, pending the hearing and determination of this Appeal.”

The deceased, ANDRIAN INDULI SHIKALI, died on 28^th March, 1997 whilst in the employment of the applicant. Before his demise he was a member of a staff Retirement Benefit Scheme which had been set up by the applicant for its employees. The respondents, the deceased’s widow and daughter, suing as his legal representatives lodged a claim in the superior court demanding payment of the deceased’s benefits under the said scheme. The benefits were, in the main, in respect of the pension lumpsum and Group Insurance Benefits.

However, after the suit was filed the applicant settled that part of the cla…