[2012] KEELRC 81 (KLR)
The court upheld the consent judgment entered by the parties, finding it binding and enforceable. The terms of the consent provided for payment of Ksh.130,000 in two instalments, with execution to issue in case of default. The court recognized that parties are at liberty to settle their disputes and that such...
Source-derived case information.
- Citation
- [2012] KEELRC 81 (KLR)
- Parties
- Claimant: Boniface Muraguri Thuku; Respondent: Powersource Technologies Company Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1951 of 2011
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- Judgment entered by consent in favour of the claimant for Ksh.130,000, payable in two instalments, with execution to issue in default and no order as to costs.
- Judges
- B Ongaya
- Legal Topics
- Settlement by Consent, Wage Claims, Instalment Payments
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Boniface Muraguri Thuku
Claimant
Powersource Technologies Company Limited
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the consent judgment entered by the parties is binding and enforceable.
- 2 Whether the claimant is entitled to the sum of Ksh.130,000 as agreed in the consent judgment.
- 3 What are the consequences of default in payment of the agreed instalments.
Ratio Decidendi
The court upheld the consent judgment entered by the parties, finding it binding and enforceable. The terms of the consent provided for payment of Ksh.130,000 in two instalments, with execution to issue in case of default. The court recognized that parties are at liberty to settle their disputes and that such settlements, once adopted by the court, have the force of a judgment. There was no evidence of fraud, collusion, or mistake to warrant setting aside the consent. The court therefore entered judgment in accordance with the consent and made orders as agreed by the parties.
Court Disposition
Judgment entered by consent in favour of the claimant for Ksh.130,000, payable in two instalments, with execution to issue in default and no order as to costs.
Orders
- Judgment entered in favour of the claimant for Ksh.130,000 all inclusive.
- Ksh.70,000 to be paid on or before 4/6/2012.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
Industrial Court of Kenya
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BONIFACE MURAGURI THUKU.................................................................CLAIMANT
VERSUS
POWERSOURCE TECHNOLOGIES COMPANY LIMITED...............RESPONDENT
JUDGEMENT
This file was assigned to me for purposes of writing a judgment. I have perused the file and note that the respective Advocates for the parties appeared before the Honourable Mr. Justice Stewart Madzayo on 30. 5.2012 and recorded a consent judgment thus,
“By consent of the parties judgment be entered in favour of the claimant against the Respondent in the sum of Ksh.130,000/= all inclusive. The same be paid as follows:
1. Ksh.70,000/= to be paid on or before 4/6/2012.
2. Ksh.60,000/= to be paid on or before 30/6/2012.
3. In default of any one instalment, execution to issue.
4. For mention on 16. 07. 2012 at 10. 00 am.
5. Either party to bear its own costs.
The court upholds the judgment by consent of the parties.
Delivered in court at Nairobi on 2nd November 2012
BYRAM ONGAYA
JUDGE