[2023] KEELRC 1998 (KLR)
The court found that since the main claim had been settled and the only outstanding issue was costs, and given the applicant's repeated non-attendance despite notice, the respondent was entitled to costs. However, as the matter did not proceed to full trial and was settled at an early stage, the court exercised its...
Source-derived case information.
- Citation
- [2023] KEELRC 1998 (KLR)
- Parties
- Applicant: Auto Continental Limited; Respondent: Frankline Ngala Chome
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E052 of 2022
- Procedural Posture
- Miscellaneous Application / Ruling on Costs After Settlement of Main Claim
- Outcome
- Application marked as settled with 50% of costs awarded to the respondent.
- Judges
- M Mbarũ
- Legal Topics
- Costs Award, Settlement of Claim, Stay of Execution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Auto Continental Limited
Applicant
Frankline Ngala Chome
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Costs After Settlement of Main Claim
Legal Issues
- 1 Whether the respondent is entitled to costs after settlement of the main claim.
- 2 What proportion of costs should be awarded given the circumstances of the case.
Ratio Decidendi
The court found that since the main claim had been settled and the only outstanding issue was costs, and given the applicant's repeated non-attendance despite notice, the respondent was entitled to costs. However, as the matter did not proceed to full trial and was settled at an early stage, the court exercised its discretion to award only 50% of the costs to the respondent. This approach balanced the interests of justice and reflected the procedural history, including the respondent's diligence and the applicant's lack of participation in the final stages.
Court Disposition
Application marked as settled with 50% of costs awarded to the respondent.
Orders
- The matter is marked as settled.
- The respondent is awarded 50% of the costs of these proceedings.
Full Case Text
Judgment text and source record
19 paragraphs
Auto Continental Limited v Chome (Miscellaneous Application E052 of 2022) [2023] KEELRC 1998 (KLR) (13 July 2023) (Ruling)
Neutral citation: [2023] KEELRC 1998 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Mombasa
Miscellaneous Application E052 of 2022
M Mbarũ, J
July 13, 2023
Between
Auto Continental Limited
Applicant
and
Frankline Ngala Chome
Respondent
Ruling
1. The appellant filed this appeal and application dated 14 July 2022 seeking stay of execution of the trial court judgment delivered on 18 February 2022 pending the hearing and determination of the appeal which appeal has since been addressed and the main claim settled save for the issue of costs.
2. The appellant has since lost interest in the matter and on several occasions, the court has issued notice to have the parties attend and address the appeal and the pending application, and there has been no attendance by the appellant. On 2, 10 and 24 May 2023 notice issued and there was no attendance save for the respondent. The court allowed another mention date on 27 June 2023 to allow parties agree on due costs but the appellant failed to attend.
3. The court taking into account the appeal herein has been settled save for costs, the matter did not go to full trial, the respondent having taken keen interest to have the matter closed is hereby entitled to 50% costs of these proceedings.
4. Accordingly, matter is hereby marked as settled with 50% of costs to the respondent.
DELIVERED IN OPEN COURT AT MOMBASA THIS 13 DAY OF JULY, 2023. M. MBARŨJUDGEIn the presence of:Court Assistant: Japhet Muthaine……………………………………………… and ………………………………………………………..