[2020] KEELRC 917 (KLR)
The court found that the Respondent had made an unequivocal admission of owing the Claimant Kshs. 543,942.00 in its pleadings and witness statement. There was no rebuttal or response from the Respondent to the application. Applying the principles governing judgment on admission, the court held that it was...
Source-derived case information.
- Citation
- [2020] KEELRC 917 (KLR)
- Parties
- Claimant: Amina Mohammed; Respondent: Quite Bright Films Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 243 of 2017
- Procedural Posture
- Employment Cause / Ruling on Application for Judgment on Admission
- Outcome
- application allowed; judgment entered for claimant on admitted sum
- Judges
- HS Wasilwa
- Legal Topics
- Judgment on Admission, Admission of Debt, Summary Procedure, Uncontested Claims
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Amina Mohammed
Claimant
Quite Bright Films Limited
Respondent
Procedural Posture
Employment Cause / Ruling on Application for Judgment on Admission
Legal Issues
- 1 Whether the Respondent has made an unequivocal admission of part of the Claimant's claim.
- 2 Whether judgment should be entered for the admitted amount pending full hearing of the claim.
Ratio Decidendi
The court found that the Respondent had made an unequivocal admission of owing the Claimant Kshs. 543,942.00 in its pleadings and witness statement. There was no rebuttal or response from the Respondent to the application. Applying the principles governing judgment on admission, the court held that it was appropriate to enter judgment for the admitted amount to avoid unnecessary litigation and delay, as there was no genuine dispute regarding this portion of the claim. The court therefore allowed the application and entered judgment for the Claimant for the admitted sum, with costs in the cause.
Court Disposition
application allowed; judgment entered for claimant on admitted sum
Orders
- Judgment is entered for the Claimant for Kshs. 543,942 on the admitted part of the claim.
- Costs in the cause.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAIROBI
CAUSE 243 OF 2017
(Before Hon. Justice Hellen S. Wasilwa on 28th May, 2020)
AMINA MOHAMMED...................................................................................CLAIMANT
VERSUS
QUITE BRIGHT FILMS LIMITED.........................................................RESPONDENT
RULING
1. Before this Court is the Claimant’s Application dated 2/12/2019 where the Claimant has sought the following orders:-
a. Judgment be entered on admission on a portion of the Claimant’s claim as admitted by the Respondent in paragraph 14 of its response to the Claimant’s claim.
b. Costs of this Application be in the course.
c. Any other orders that this Honourable Court shall deem fit to award.
2. The Application is based on the grounds set out in the motion and the Applicant’s Supporting Affidavit sworn on 2/12/2019.
3. There is no record of the Respondent’s response to the application, in the court file.
The Applicant’s Case
4. The Applicant avers that the Respondent has issued an unequivocal admission on a without prejudice basis at paragraph 14 of their response and paragraph 8 of the Witness Statement dated 27/6/2019. The said admission is that indeed they have the Applicant’s dues of Kshs. 543,942. 00 which the Applicant has allegedly refused to collect.
5. The Applicant avers that the foregoing is a formal admission that the Respondent owes the Applicant money and the same ought to be released forthwith, pending the hearing and determination of this claim.
6. The Application was disposed of by way of written submissions where the Applicant filed her submissions on 10/2/2020. There is no record of the Respondent’s submissions in the Court file.
The Applicant’s Submissions
7. The Applicant submits that the Respondent’s admission is clear and unconditional hence unequivocal and urges this Court to enter judgment on the admitted amount, pending the hearing and determination of this suit.
8. She relies on the case of Ideal Ceramics Limited vs. Suraya Property Group Limited HCCC 408 of 2016 [Unreported]where the Court observed as follows:-
“The law on summary procedure vide a judgment on admission is now relatively clear. The purpose of the law laid out under Order 13 of the Civil Procedure Rules is to ensure that a party whose entitlement is evidently due and admitted does not wait for determination by the court of a non-existent question. It is undesirable to litigate when there is no question or issue of fact or law. The summary process in this regard assists in ensuring that unnecessary costs and delays are not invited.”
9. She further relies on the case of Cassam vs. Sachania [1982] eKLRwhere the Court held that such discretion is to be exercised only in cases where the admission, whether express or implied, is plain, clear, unconditional, obvious and unambiguous.
10. I have examined the averments of the Claimant/Applicant herein and for which there is no rebuttal from the Respondent.
11. I therefore allow the application and enter judgement for the Claimant on the admitted part of the Claim for Kshs.543,942/=.
12. Costs in the cause.
Dated and delivered in Chambers via zoom this 28th day of May, 2020.
HON. LADY JUSTICE HELLEN WASILWA
JUDGE
In the presence of:
Juma holding brief Ashioya for Claimant – Present
Respondent – Absent