[2020] KEELRC 568 (KLR)
The court found that the respondent/applicant failed to demonstrate sufficient cause for being unable to pay the decretal sum in a lump sum. The respondent is a well-established company and, given the considerable passage of time since the application was filed, should have already liquidated the decretal sum. The...
Source-derived case information.
- Citation
- [2020] KEELRC 568 (KLR)
- Parties
- Claimant: Elroy Madegwa; Respondent: Global Trucks Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Cause 358 of 2014
- Procedural Posture
- Stay Application / Ruling on Application for Stay of Execution and Payment by Installments
- Outcome
- application dismissed with costs
- Judges
- MN Nduma
- Legal Topics
- Stay of Execution, Payment by Installments, Decretal Sum Enforcement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elroy Madegwa
Claimant
Global Trucks Limited
Respondent
Procedural Posture
Stay Application / Ruling on Application for Stay of Execution and Payment by Installments
Legal Issues
- 1 Whether the respondent/applicant should be granted a stay of execution of the decree.
- 2 Whether the respondent/applicant should be allowed to liquidate the decretal amount by installments rather than a lump sum.
Ratio Decidendi
The court found that the respondent/applicant failed to demonstrate sufficient cause for being unable to pay the decretal sum in a lump sum. The respondent is a well-established company and, given the considerable passage of time since the application was filed, should have already liquidated the decretal sum. The application for stay of execution and payment by installments lacked merit and was dismissed with costs to the claimant/respondent.
Court Disposition
application dismissed with costs
Orders
- The application for stay of execution and payment by installments is dismissed with costs to the claimant/respondent.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT KISUMU
INDUSTRIAL CAUSE NO. 358 OF 2014
(Before Hon. Justice Mathews N. Nduma)
ELROY MADEGWA........................... CLAIMANT
VERSUS
GLOBAL TRUCKS LIMITED.......RESPONDENT
RULING
1. Application dated 3rd May 2019 sought stay of execution of the decree herein and that the applicant be allowed to liquidate the decretal amount by paying Kshs. 30,000 within 2 months from the date of the Application and pay the balance within a period of 12 months in installments of Kshs. 15,000 per month.
2. The application is opposed vide a replying affidavit dated 10th June 2019 and filed on 13th June 2019 in which the claimant/Respondent states that there is no good reason advanced by the respondent not to liquidate the decretal amount at once since the respondent is a well-established company operating in East Africa and can afford to liquidate the decretal sum at once.
3. The court has considered the depositions and submissions by the parties and is not satisfied that the respondent/applicant is not in a position to liquidate the decretal sum at once. Indeed, there has been considerable passage of time from the date the application was filed to date and the respondent ought to have liquidated the decretal sum by now.
4. The application lacks merit and is dismissed with costs.
Judgment Dated, Signed and delivered at Nairobi this 30th day of July, 2020
Mathews N. Nduma
Judge
ORDER
In view of the declaration of measures restricting court operations due to the COVID-19 pandemic and in light of the directions issued by his Lordship, the Chief Justice on 15th March 2020, this ruling has been delivered to the parties online with their consent. They have waived compliance with Order 21 rule 1 of the Civil Procedure Rules which requires that all judgments and rulings be pronounced in open court. In permitting this course, this court has been guided by Article 159(2)(d) of the Constitution which requires the court to eschew undue technicalities in delivering justice, the right of access to justice guaranteed to every person under Article 48 of the Constitution and the provisions of Section 18 of the Civil Procedure Act (chapter 21 of the Laws of Kenya) which impose on this court the duty of the court, inter alia, to use suitable technology to enhance the overriding objective which is to facilitate just, expeditious, proportionate and affordable resolution of civil disputes.
Mathews N. Nduma
Judge
Appearances
Mr. Maube for Respondent/Applicant
Mr. Wamalwa for Claimant/Respondent
Chrispo: Court Clerk