[2021] KEELRC 1010 (KLR)
The court found that the respondent/applicant had made prompt and good faith proposals to liquidate the decretal sum by instalments, which the claimant/respondent disregarded. The claimant/respondent failed to comply with the court's directive to formally respond to the payment proposals and declined to accept the...
Source-derived case information.
- Citation
- [2021] KEELRC 1010 (KLR)
- Parties
- Claimant: Annrose Wawira Munene; Respondent: Elimu Schools
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1308 of 2015
- Procedural Posture
- Stay Application / Ruling on Application for Stay of Execution and Payment by Instalments
- Outcome
- application for stay of execution and payment by instalments allowed with conditions
- Judges
- MN Nduma
- Legal Topics
- Stay of Execution, Payment by Instalments, Judgment Enforcement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Annrose Wawira Munene
Claimant
Elimu Schools
Respondent
Procedural Posture
Stay Application / Ruling on Application for Stay of Execution and Payment by Instalments
Legal Issues
- 1 Whether the respondent/applicant is entitled to a stay of execution of the judgment and decree delivered on 16th April, 2020.
- 2 Whether the respondent/applicant should be allowed to settle the decretal sum by way of instalments.
- 3 Whether the claimant/respondent acted in good faith in declining the payment proposals and cheques.
Ratio Decidendi
The court found that the respondent/applicant had made prompt and good faith proposals to liquidate the decretal sum by instalments, which the claimant/respondent disregarded. The claimant/respondent failed to comply with the court's directive to formally respond to the payment proposals and declined to accept the cheques. The court determined that the claimant/respondent was not acting in good faith and was instead focused on attachment and sale of the applicant's property. In the interests of justice and fairness, the court exercised its discretion to stay execution of the judgment and decree, on condition that the entire decretal sum or any unpaid balance be paid in three equal monthly...
Court Disposition
application for stay of execution and payment by instalments allowed with conditions
Orders
- Execution of the judgment delivered on 16th April, 2020 and subsequent decree is stayed on condition that the entire decretal sum and/or any unpaid balance is paid in three equal monthly instalments from the date of this ruling.
- In default of payment of any one instalment, execution to issue.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT & LABOUR RELATIONS COURT OF KENYA
AT NAIROBI
CAUSE NO. 1308 OF 2015
ANNROSE WAWIRA MUNENE..................................................CLAIMANT
VERSUS
ELIMU SCHOOLS ..................................................................RESPONDENT
RULING
1. The applicant filed application dated 5/7/2021 seeking stay of execution of the judgment and Decree delivered on 16th April, 2020 and the Certified costs and leave to be granted to the respondent/applicant to continue paying and settling the judgment and decretal amount by way of instalments. The applicant had on 30/6/2021 made a proposal to the respondent/claimant to liquidate the decretal sum in six monthly instalments and proceeded to issue current and postdated cheques to the claimant/respondent in that regard.
2. On 7th July, 2021, Hon. Rika, J gave directions on the hearing and determination of the application before the trial judge and in the meantime, directed “the claimant’s Advocates shall give a formal response to the Respondent’s Advocates, on the proposal for staggered payments.”
3. As at the time the application was heard before me on 27th July, 2021, the claimant/respondent had not complied with the orders of Rika, J to respond to the proposals by the applicant to pay by instalments and had declined to receive and bank the cheques presented to them by the applicant.
4. I find the claimant/respondent not to be acting in good faith and was focused on the attachment and sale of school properties they had proclaimed.
5. The Court finds the applicant to have made in good faith prompt proposals to liquidate the decretal sum which proposals were disregarded by the respondent.
6. Considering the circumstances of the case, the Court stays the execution of the judgment delivered on 16th April, 2020 ad subsequent decree emanating thereof, on condition the entire decretal sum and/or any unpaid balance thereof is liquidated in three (3) monthly equal instalments from the date of this ruling and in default of any one instalment execution to issue.
Dated and delivered at Nairobi (virtually) this 16th day of September, 2021.
MATHEWS N. NDUMA
JUDGE
Appearances:-
M. Odawa for Respondent/Applicant
Mr. Njagi for Claimant/Respondent
Ekale – Court clerk.