RULING OF THE COURT
The applicant Sotik Highlands Tea Estates Limited filed a Notice of Motion on the 11th day of January, 2017 seeking an order of stay of execution of the judgment of the ELC Court delivered on the 14th November, 2016 pending the hearing and determination of an intended appeal.
The application is predicated on Sections 3A and 3B of the Appellate Jurisdiction Act, Cap 9 of the laws of Kenya, Rule 5 (2) (b) and 103 of the Court of Appeal Rules 2010, and all enabling provisions of the law. It is anchored on the grounds in its body and a supporting affidavit. It has been opposed by a replying affidavit deposed by Francis Atwoli and filed on the 21st day of February, 2017.
Mr. Geoffrey Nyakundi, learned counsel for the applicant submitted that the intended appeal is arguable and that it is proposed to raise eleven (11) grounds of appeal. Among these are complaints that the learned Judge fell into an error when he ordered reinstatement after the time for reinstatement stipula…