(1) The Registrar shall issue an order in execution of a decree. (2) Rules on execution or stay of execution of an order or decree of the Court shall be in accordance with the Civil Procedure Rules. (3) Where any written law provides for the enforcement of the decision of an administrative body by the Court, a party may, through a miscellaneous application, apply for the adoption of that decision by the Court. (4) Notwithstanding subrule (3), an application for the enforcement of the decision of an administrative body shall only be made after the period allowed for appeal or review has lapsed, if any.
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Under Rule 73(2) of the Employment and Labour Relations Court (Procedure) Rules, a procedural framework governs the grant of orders staying execution. The ELRC Rules allow the court to apply the Civil Procedure Act and the rules thereto. To this extent, where justified, the court is guided by Article 159(2)(d) of the Constitution to address substantive issues rather than procedural technicalities.
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