[2006] KEHC 1038 (KLR)
The court found that there was an error apparent on the record in its earlier order, as the terminal benefits were paid to the plaintiff only after the suit had been filed, not before. The defendant executed a general bank guarantee and made payment in March 2004, while the suit was filed in December 2003....
Source-derived case information.
- Citation
- [2006] KEHC 1038 (KLR)
- Parties
- Plaintiff: Emily Muthiani; Defendant: Gulf Air Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 1367 of 2003
- Procedural Posture
- Civil Case / Ruling on Application for Review
- Outcome
- application for review allowed; previous order reviewed and amended
- Judges
- JL Osiemo
- Legal Topics
- Wrongful Dismissal, Terminal Benefits, Costs Award, Interest on Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Emily Muthiani
Plaintiff
Gulf Air Limited
Defendant
Procedural Posture
Civil Case / Ruling on Application for Review
Legal Issues
- 1 Whether there was an error apparent on the record regarding the timing of payment of terminal benefits to the plaintiff.
- 2 Whether the plaintiff is entitled to costs and interest despite prior payment of terminal benefits.
Ratio Decidendi
The court found that there was an error apparent on the record in its earlier order, as the terminal benefits were paid to the plaintiff only after the suit had been filed, not before. The defendant executed a general bank guarantee and made payment in March 2004, while the suit was filed in December 2003. Therefore, the plaintiff was entitled to costs of the suit and interest from the date of filing to the date of payment. The previous order was reviewed and amended to reflect this correction.
Court Disposition
application for review allowed; previous order reviewed and amended
Orders
- The order of 21st June 2005 is reviewed and amended to state that the defendant executed a general bank guarantee after the suit was filed.
- The plaintiff is entitled to costs of the suit plus interest from the date of filing to the date of payment.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
MILIMANI LAW COURTS
Civil Case 1367 of 2003
EMILY MUTHIANI……………………..…………………………………….PLAINTIFF
VERSUS
GULF AIR LIMITED………………………………….…………………DEFENDANT
RULING
This application by way of Notice of Motion and expressed to be brought under order XLIV Rule 1 seeks orders of review of this courts order issued on 21st June 2005 in which it was held that the plaintiffs services were lawfully terminated and that she was not entitled to damages for wrongful dismissal. Her terminal benefits were worked at Shs.652,399/= which was her correct entitlement but the court further declined to award her costs and interest because the said sum had been paid to her lawyer before the suit was filed.
But through this Notice of Motion the plaintiff submits that the suit was filed in court on 23rd December 2003 while the defendant had executed a general bank guarantee instead of a security bond for Shs.5,000,000/= on 17th March 2004 and she was paid on 18th March 2004. I am satisfied that there was an apparent error on record.
My order of 21st June 2005 is reviewed and amended to read as follows:
Her terminal benefits were worked at Shs.652,399/= for which the defendant had executed a general bank guarantee after the suit had been filed.
The plaintiff is entitled to costs of this suit plus interest from the date of filing the suit to the date of payment.
It is so ordered.
Dated and delivered at Nairobi this 19th day of October 2006.
J.L.A. OSIEMO
JUDGE