[2016] KEELRC 734 (KLR)
The court found that although the Respondent deposited the decretal sum in a joint account as ordered, the Notice of Appeal was filed four days out of time and no leave for extension was sought. As a result, there was no valid appeal before the court, and the Respondent had breached the condition upon which the stay...
Source-derived case information.
- Citation
- [2016] KEELRC 734 (KLR)
- Parties
- Applicant: Cleophas Odoyo; Respondent: Toyota Kenya Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 633 of 2014
- Procedural Posture
- Review Application / Ruling on Application for Review of Stay Orders
- Outcome
- application allowed; stay orders reviewed and lifted; decretal sum and costs to be released to claimant
- Judges
- HS Wasilwa
- Legal Topics
- Unfair Termination, Review of Court Orders, Stay of Execution, Appeal Timelines
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Cleophas Odoyo
Applicant
Toyota Kenya Limited
Respondent
Procedural Posture
Review Application / Ruling on Application for Review of Stay Orders
Legal Issues
- 1 Whether the Respondent complied with the conditions for stay of execution pending appeal.
- 2 Whether the Respondent filed a valid Notice of Appeal within the statutory timelines.
- 3 Whether the Court should review its orders granting stay of execution and release the decretal sum and costs to the Claimant.
Ratio Decidendi
The court found that although the Respondent deposited the decretal sum in a joint account as ordered, the Notice of Appeal was filed four days out of time and no leave for extension was sought. As a result, there was no valid appeal before the court, and the Respondent had breached the condition upon which the stay of execution was granted. Consequently, the court reviewed its earlier orders, lifted the stay, and ordered the immediate release of the decretal sum and taxed costs to the Claimant.
Court Disposition
application allowed; stay orders reviewed and lifted; decretal sum and costs to be released to claimant
Orders
- The orders of stay of execution granted on 26th April 2016 are reviewed and set aside.
- The decretal sum deposited in the joint interest earning account and the taxed costs are to be released to the Claimant forthwith within 7 days.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
EMPLOYMENT AND LABOUR RELATIONS COURT
ATNAIROBI
CAUSE NO. 633 OF 2014
(Before Hon. Lady Justice Hellen S. Wasilwa on 1st September 2016)
CLEOPHAS ODOYO.............................................CLAIMANT
VERSUS
TOYOTA KENYA LIMITED..............................RESPONDENT
RULING
1. The Application before Court is the one dated 16. 6.2016. The Application is filed pursuant to Rule 32 of the Industrial Court Rules, the Industrial Court Act and all other enabling provisions of law.
2. The Applicant seeks orders for review of this Court’s orders made on 26th August 2016.
3. The Applicant avers that on 31st March 2016, this Court awarded Judgment to the Applicant in the sum of Kshs.389,066/= as compensation for unfair termination together with costs. On 6. 6.2016 costs were assessed at 140,675/=.
4. However on 26th April 2016, the Court had granted the Respondent an order of stay of execution pending appeal on condition that the decretal sum is deposited in an interest earning account in the joint names of both Counsels. That indeed the joint bank account was opened in names of both Counsels and on 10th May 2016, Kshs.389,066/= was deposited therein.
5. That however, despite this, no appeal has been filed todate and this is 3 months after the delivery of the said Judgment. No Notice of Appeal has also been served upon the Respondents hence suggesting that none has been filed. No Application has also been filed before this Court nor Court of Appeal seeking extension of time within which an appeal may be filed.
6. The Applicant therefore seeks orders that the Court reviews its orders of 26th April 2016 and direct that the decretal sum of Kshs.389,066/= plus the assessed costs of 140,675/= be released to the Claimant forthwith.
7. The Respondents opposed this Application. They filed their grounds of opposition on 11. 7.2016. They aver that indeed they filed their Notice of Appeal at the Registry of Employment and Labour Relations Court on 3rd May 2016 and also wrote to the Deputy Registrar Employment and Labour Relations Court on 27th April 2016 seeking for typed proceedings of the matter. They aver that This was done within the statutory timelines.
8. Having considered averments of both parties, I find that indeed the Respondents complied and deposited the decretal sum in a joint interest earning account as ordered by Court. Judgment was however delivered on 31. 3.2016 but as per LB-5, the Respondents lodged a Notice of Appeal on 3. 5.2016, 4 days later than what is required in law.
9. The Respondents have not shown that they have sought any leave to file this appeal out of time.
10. That being the position, there is no appeal properly filed, and it is therefore this Court’s finding that the Respondents have breached the condition upon which the stay was granted.
11. I therefore review my orders of 26. 4.2016 granting stay and order the decretal sum deposited in the joint interest earning account and the taxed costs be released to the Claimant forthwith within 7 days. In default execution to issue.
Read in open Court this 1st day of September, 2016.
HON. LADY JUSTICE HELLEN WASILWA
JUDGE
In the presence of:
No appearance for Claimant
No appearance for Respondent