[2018] KEELRC 936 (KLR)
The court found that judgment had already been entered in favour of the claimant on 22nd May, 2017, and that more than a year had passed without the respondent satisfying the judgment or providing any valid reason to continue withholding the decretal sum. The respondent's conduct was characterized as dilatory,...
Source-derived case information.
- Citation
- [2018] KEELRC 936 (KLR)
- Parties
- Applicant: Bernard Chemnjor; Respondent: Al Nagel Holding Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Cause Cause153 of 2016
- Procedural Posture
- Miscellaneous Application / Ruling on Post Judgment Application for Release of Decretal Sum
- Outcome
- application allowed
- Judges
- DKN Marete
- Legal Topics
- Release of Decretal Sum, Security for Judgment, Execution of Judgment, Post Judgment Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bernard Chemnjor
Applicant
Al Nagel Holding Ltd
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Post Judgment Application for Release of Decretal Sum
Legal Issues
- 1 Whether the claimant is entitled to the release of the decretal sum deposited as security following judgment in his favour.
- 2 Whether there are any pending applications or reasons to withhold the decretal sum from the claimant.
- 3 Who should bear the costs of the application.
Ratio Decidendi
The court found that judgment had already been entered in favour of the claimant on 22nd May, 2017, and that more than a year had passed without the respondent satisfying the judgment or providing any valid reason to continue withholding the decretal sum. The respondent's conduct was characterized as dilatory, involving repeated and unproductive applications that did not demonstrate any substantive challenge to the judgment. The court emphasized the principle that litigation must come to an end and that the successful party is entitled to the fruits of judgment. As there was no pending application or stay, the court ordered the immediate release of the decretal sum to the claimant's...
Court Disposition
application allowed
Orders
- The decretal sum of Kshs.1,684,000.00 deposited as security at Industrial Court Revenue Account at Kenya Commercial Bank in Account No.1144918693 be released to the claimant's advocates, M/s Tombe & Company Advocates.
- The costs of this application shall be borne by the respondent.
Full Case Text
Judgment text and source record
35 paragraphs
REPUBLIC OF KENYA
EMPLOYMENT AND LABOUR RELATIONS COURT OF KENYA
AT KERICHO
CAUSE NO. 153 OF 2016
(Before D. K. N. Marete)
BERNARD CHEMNJOR.....................CLAIMANT
VERSUS
AL NAGEL HOLDING LTD ...........RESPONDENT
RULING
This is an application by the claimant/application dated 5th April, 2018. It seeks the following orders of court;
1. THAT the instant Application be certified urgent and service of the same be dispensed with in the first instance.
2. THAT the Decretal Sum of Kshs.1,684,000. 000 deposited as security at Industrial Court Revenue Account at Kenya Commercial Bank in Account No.1144918693 pursuant to court order given on 7th March, 2018, be released to the Claimant’s Advocates, M/s Tombe & Company Advocates.
3. THAT the Costs of this Application be provided for.
It is grounded as follows;
a. THAT the Claimant succeeded in his Claim and therefore, there is no reason at all for the Decretal Sum of Kshs.1,684,000. 00 deposited in court to be held any further in the account as there is no pending Application to be determined by the Honourable Court.
The respondent in a Replying Affidavit sworn on 3rd July, 2018 opposes the application in toto.
She grounds her opposition as follows;
That the application is not candid on material facts.
That the application was not served on them until 21st June, 2018, when it came in accompanied by a hearing notice on 20th June, 2018.
That the respondent’s application dated 3rd March, was withdrawn owing to technicalities but was resumed in the same strength.
That this application is still pending and should take priority over the instant application.
That the delay in effecting the deposit of decretal sum is explicable.
That the claimant is jobless and would not be in a position to refund the decretal sum should this judgement of court be set aside or overturned.
That the claimant is unlikely to suffer prejudice if this application is not upheld.
The application came to court variously until 9th July, 2018, when it was heard in the absence of the respondent.
I choose to allow this application. This is because judgement on this matter was made on 22nd May, 2017. One year plus down the line the respondent has not made any efforts to satiate her part of the bargain – execution and payment of the decretal sum, all inclusive. Instead, he has involved in circumlocution by way of endless applications before court. He does not seem to appreciate defeat. It is trite practice and process that litigation must at one time come to an end. This is more so in the circumstances of this case.
I am therefore inclined to allow this application on the following orders;
1. That the Decretal Sum of Kshs.1,684,000. 000 deposited as security at Industrial Court Revenue Account at Kenya Commercial Bank in Account No.1144918693 pursuant to court order given on 7th March, 2018, be released to the Claimant’s Advocates, M/s Tombe & Company Advocates.
2. That the costs of this application shall be borne by the respondent.
Delivered, dated and signed this 9th day of October, 2018.
D.K.Njagi Marete
JUDGE
Appearances
1. Mr. Tombe instructed by Tombe & Company Advocates for the claimant.
2. No appearance for the respondent.