[2018] KEELRC 1466 (KLR)

[2018] KEELRC 1466 (KLR)

The court found that the auctioneer, Samuel Mugendi t/a Clear Real Traders, did not have the requisite jurisdiction to execute the warrants of attachment and sale as his licence only covered Nairobi and Kajiado, not the location of the Respondent's assets. Consequently, the warrants were recalled and cancelled, and the execution was stopped. The court further held that the application for joinder by the Kenya Private Universities Workers Union would not result in the application of the judgment in Cause No. 211 of 2017 to its members, rendering the joinder purposeless. The Union's application was therefore dismissed.

Citation
[2018] KEELRC 1466 (KLR)
Parties
Applicant: Doris Kairuthi Kaaria & 59 Others; Respondent: B.O.M Kahithe Secondary School; Respondent: Teachers Service Commission; Applicant: Kenya Private Universities Workers Union
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Nyeri
Jurisdiction
Kenya
Judgment Date
12 July 2018
Case Number
Civil Case 211 of 2017
Procedural Posture
Employment Cause / Ruling on Interlocutory Applications
Outcome
Applications for execution and joinder dismissed; warrants recalled; execution stopped.
Judges
AN Makau
Legal Topics
Execution of Judgment, Auctioneer Jurisdiction, Joinder of Parties
Source Language
English
Employment and Labour Execution of Judgment Auctioneer Jurisdiction Joinder of Parties

Case Brief

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Parties

Doris Kairuthi Kaaria & 59 Others

Applicant

B.O.M Kahithe Secondary School

Respondent

Teachers Service Commission

Respondent

Kenya Private Universities Workers Union

Applicant

Procedural Posture

Employment Cause / Ruling on Interlocutory Applications

Legal Issues

  1. 1 Whether the auctioneer had jurisdiction to execute the warrants of attachment and sale.
  2. 2 Whether the application for joinder by the Kenya Private Universities Workers Union should be allowed.

Ratio Decidendi

The court found that the auctioneer, Samuel Mugendi t/a Clear Real Traders, did not have the requisite jurisdiction to execute the warrants of attachment and sale as his licence only covered Nairobi and Kajiado, not the location of the Respondent's assets. Consequently, the warrants were recalled and cancelled, and the execution was stopped. The court further held that the application for joinder by the Kenya Private Universities Workers Union would not result in the application of the judgment in Cause No. 211 of 2017 to its members, rendering the joinder purposeless. The Union's application was therefore dismissed.

Court Disposition

Applications for execution and joinder dismissed; warrants recalled; execution stopped.

Orders

  • Warrants of attachment and sale issued to Samuel Mugendi t/a Clear Real Traders are recalled and cancelled.
  • Execution underway is stopped and the auctioneer is to return any goods in his possession forthwith.