[2018] KEELRC 1737 (KLR)
The court found that the claimant, having been compelled to file suit to recover sums due for work performed, was entitled to a modest award of costs. However, since the claimant accepted a compromise sum lower than the amount claimed and in view of the consent judgment, the court exercised its discretion to waive...
Source-derived case information.
- Citation
- [2018] KEELRC 1737 (KLR)
- Parties
- Claimant: Allan Wanjohi Ngengi; Respondent: Dedan Kimathi University of Science & Technology
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Cause 426 of 2017
- Procedural Posture
- Employment Cause / Ruling on Costs and Interest After Consent Judgment
- Outcome
- Costs awarded to claimant; interest waived.
- Judges
- AN Makau
- Legal Topics
- Costs Award, Interest on Judgment Debt, Consent Judgment, Employment Contracts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Allan Wanjohi Ngengi
Claimant
Dedan Kimathi University of Science & Technology
Respondent
Procedural Posture
Employment Cause / Ruling on Costs and Interest After Consent Judgment
Legal Issues
- 1 Whether the claimant is entitled to costs following a consent judgment.
- 2 Whether interest should be awarded on the compromised sum.
Ratio Decidendi
The court found that the claimant, having been compelled to file suit to recover sums due for work performed, was entitled to a modest award of costs. However, since the claimant accepted a compromise sum lower than the amount claimed and in view of the consent judgment, the court exercised its discretion to waive interest on the judgment sum. The court therefore awarded the claimant costs in the sum of Kshs. 70,000 but declined to award interest.
Court Disposition
Costs awarded to claimant; interest waived.
Orders
- The respondent shall pay the claimant costs in the sum of Kshs. 70,000.
- No interest is awarded on the judgment sum.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT & LABOUR RELATIONS
COURT OF KENYA AT NYERI
CAUSE NO. 426 OF 2017
ALLAN WANJOHI NGENGI...........................................................CLAIMANT
VERSUS
DEDAN KIMATHI UNIVERSITY
OF SCIENCE & TECHNOLOGY..............................................RESPONDENT
RULING
1. The determination herein is on costs and interest. The Claimant had sued the Respondent for a sum of Kshs. 779,830/- being payment for courses he had taught, interest on the sums above from 21st February 2017 till payment in full plus costs of the suit. The Respondent did not file a defence after entering appearance on 7th December 2017. The suit was compromised on 1st March 2018 when a consent in the following terms was recorded.
1 By consent Judgment be and is hereby entered for the Claimant against the Respondent for a sum of Kshs. 766,242/- payable on or before 31st March 2018. In default execution to issue.
2. Parties to file submissions on the issue of costs and interest within 10 days of today.
2. The compromise sum was less than the Kshs. 779,830/- the Claimant had claimed vide his suit. He therefore accepted a lower sum. He was compelled to file suit for the recovery of the sums due to him. As such a modest award of costs would suffice. The Claimant had to forego his cash for some while and whereas he sought interest, the same would be at court rates which would be in view of his compromise be waived. In the premises I will award costs which is Kshs. 70,000/- (read Kenya shillings seventy thousand only).
It is so ordered.
Dated and delivered at Nyeri this 3rd day of May 2018
Nzioki wa Makau
JUDGE