[2016] KEELRC 1377 (KLR)
The court found that the Respondent's application was premised on the alleged existence of an agreement to settle the decretal sum by monthly installments. However, the Claimant denied any such agreement and the Respondent failed to produce any documentary evidence to support its claim. The court held that the...
Source-derived case information.
- Citation
- [2016] KEELRC 1377 (KLR)
- Parties
- Claimant: Edward Wesonga; Respondent: Rapid Communications Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1096 of 2013
- Procedural Posture
- Stay Application / Ruling on Application for Stay of Execution and Payment by Installments
- Outcome
- application dismissed with costs to the claimant
- Judges
- L Ndolo
- Legal Topics
- Redundancy Settlement, Stay of Execution, Payment by Installments
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Edward Wesonga
Claimant
Rapid Communications Limited
Respondent
Procedural Posture
Stay Application / Ruling on Application for Stay of Execution and Payment by Installments
Legal Issues
- 1 Whether there existed a verifiable agreement between the parties for settlement of the decretal sum by monthly installments.
- 2 Whether the Respondent is entitled to a stay of execution of the warrant of attachment.
- 3 Whether the Respondent should be allowed to settle the decretal sum by monthly installments.
Ratio Decidendi
The court found that the Respondent's application was premised on the alleged existence of an agreement to settle the decretal sum by monthly installments. However, the Claimant denied any such agreement and the Respondent failed to produce any documentary evidence to support its claim. The court held that the grounds advanced by the Respondent were not verifiable and could not form the basis for granting the orders sought. Consequently, the application for stay of execution and for payment by installments was dismissed with costs to the Claimant, and interim orders previously granted were set aside.
Court Disposition
application dismissed with costs to the claimant
Orders
- The Respondent's application dated 11th February 2016 is dismissed with costs to the Claimant.
- The interim orders granted on 18th February 2016 are set aside.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO 1096 OF 2013
EDWARD WESONGA.............................................................CLAIMANT
VS
RAPID COMMUNICATIONS LIMITED............................RESPONDENT
RULING
1. On 13th March 2015, my sister Onyango J entered judgment in favour of the Claimant. Pursuant to this judgment, the Deputy Registrar of this Court issued a decree for the sum of Kshs.882,210. 50. By some arrangement that was not clear to the Court, the Respondent began settling the decretal sum by monthly installments of Kshs.100,000 each.
2. On 20th January 2016, the Deputy Registrar issued a warrant of attachment for recovery of the sum of Kshs.652,530. 50 inclusive of costs and court collection charges. This prompted the Respondent to move the Court by Notice of Motion dated 11th February and filed in Court on 12th February 2016.
3. By this application which is supported by the affidavit of Bharat Dayalal Ghaghada sworn on 11th February 2016, the Respondent seeks the following prayers:
a) That a stay of execution of the warrant of attachment dated 20th January 2016 be granted;
b) That the Respondent be allowed to settle the decretal sum by monthly installments of Kshs.100,00 each.
4. In the supporting affidavit sworn by Bharat Dayalal Ghaghada on 11th February 2011, it is deponed that there was an agreement between the parties that the decretal sum be settled by monthly installments. Ghaghada adds that pursuant to this agreement a total of Kshs.300,000 had been paid to the Claimant.
5. In a replying affidavit sworn by the Claimant, Edward Wesonga, on 22nd February 2016, the existence of any agreement on satisfaction of the award by monthly installments is denied. The Claimant depones that since being declared redundant by the Respondent on 15th July 2013, he has been unemployed and any delay in the settlement of his claim would cause him great prejudice.
6. I have looked at the Respondent's application and the supporting affidavit sworn by Bharat Dayalal Ghaghada. It appears that the basis of the application is the existence of an agreement between the parties to the effect that the Claimant's claim be settled in monthly installments of Kshs.100,000 each. The Claimant denies any knowledge of an agreement with the Respondent and the Respondent did not produce any such agreement.
7. In the circumstances, the Court has reached the conclusion that the grounds advanced in the Respondent’s application are not verifiable and cannot therefore be the basis for granting the orders sought. The result is that the Respondent's application dated 11th February 2016 is dismissed with costs to the Claimant. The interim orders granted on 18th February, 2016 are hereby set aside.
8. It is so ordered.
DATED SIGNED AND DELIVERED IN OPEN COURT AT NAIROBI THIS24TH DAY OF MARCH 2016
LINNET NDOLO
JUDGE
Appearance:
Mr. Mosoti for the Claimant
Mr. Rombo for the Respondent