[2014] KEELRC 443 (KLR)
The court found that the Respondent failed to comply with the condition to deposit the decretal sum within 30 days as stipulated in the ruling of 21st February 2014. No further stay order was produced from the Court of Appeal. Consequently, the Claimant is entitled to the release of the sum deposited in court, as...
Source-derived case information.
- Citation
- [2014] KEELRC 443 (KLR)
- Parties
- Claimant: Charles Maina Munyua; Respondent: Victory Construction Ltd.
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 753 of 2013
- Procedural Posture
- Employment Cause / Ruling on Application for Release of Deposited Decretal Sum
- Outcome
- application granted
- Legal Topics
- Stay of Execution, Release of Decretal Sum, Compliance With Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Maina Munyua
Claimant
Victory Construction Ltd.
Respondent
Procedural Posture
Employment Cause / Ruling on Application for Release of Deposited Decretal Sum
Legal Issues
- 1 Whether the Claimant is entitled to the release of the decretal sum deposited in court after the Respondent failed to comply with the stay conditions.
- 2 Whether the absence of a further stay order from the Court of Appeal entitles the Claimant to execute the judgment.
Ratio Decidendi
The court found that the Respondent failed to comply with the condition to deposit the decretal sum within 30 days as stipulated in the ruling of 21st February 2014. No further stay order was produced from the Court of Appeal. Consequently, the Claimant is entitled to the release of the sum deposited in court, as the Respondent forfeited the benefit of the stay. The application for release of the sum of Kshs.753,560 deposited on 25th March 2014 is therefore granted.
Court Disposition
application granted
Orders
- The sum of Kshs.753,560 deposited on 25th March, 2014 is to be released to the Claimant.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT OF KENYA
AT NAIROBI
CAUSE NO. 753 OF 2013
CHARLES MAINA MUNYUA ………….……..………CLAIMANT
VERSUS
VICTORY CONSTRUCTION LTD. ……..…..1ST RESPONDENT
Mr. Ouma for Respondent / Applicant
Mr. Ngala for Claimant / Respondent
RULING
1. The Ruling of the Court dated 21st February 2014 is self- explanatory.
2. The Court stayed its judgment of 19th September 2013 provided the decretal amount was deposited within 30 days from the date of the Ruling.
3. The Respondent failed to comply with the Ruling and therefore the Claimant is at liberty to execute the judgment unless there is an order for stay from the Court of Appeal.
4. The Claimant/Applicant filed an application dated 24th April, 2014 to have the sum belatedly deposited be released to them.
5. There being no further stay order, the Application to have the Court release the sum of Kshs.753,560/= deposited on 25th March, 2014 to the Claimant is granted.
Dated and Delivered at Nairobi this 4th day of June, 2014.
MATHEWS N. NDUMA
PRINCIPAL JUDGE