[2017] KEELRC 1525 (KLR)

[2017] KEELRC 1525 (KLR)

The court adopted the consent filed by the parties as the judgment of the court, but made this adoption conditional upon the immediate payment of the adjournment fees previously ordered. The rationale is that parties cannot circumvent compliance with prior court orders (in this case, the payment of adjournment fees)...

Source-derived case information.

Citation
[2017] KEELRC 1525 (KLR)
Parties
Claimant: Ernest Nyangau Mugendo; Respondent: Royal Oilfield Logistics Services and Supplies Limited
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Nairobi
Jurisdiction
Kenya
Case Number
Cause 792 of 2013
Procedural Posture
Employment Cause / Ruling on Settlement and Adjournment Fees
Outcome
Consent adopted as judgment of the court, conditional on payment of adjournment fees.
Judges
MSA Makhandia
Legal Topics
Settlement by Consent, Adjournment Fees, Court Orders, Costs Award
Source Language
en
Employment and Labour Settlement by Consent Adjournment Fees Court Orders Costs Award

Source-derived case record

Summary, issues, holding and outcome

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Parties

Ernest Nyangau Mugendo

Claimant

Royal Oilfield Logistics Services and Supplies Limited

Respondent

Procedural Posture

Employment Cause / Ruling on Settlement and Adjournment Fees

Legal Issues

  1. 1 Whether the consent filed by the parties should be adopted as the judgment of the court.
  2. 2 Whether the adjournment fees previously directed by the court have been paid and if not, whether their payment should be a condition for adoption of the consent.

Ratio Decidendi

The court adopted the consent filed by the parties as the judgment of the court, but made this adoption conditional upon the immediate payment of the adjournment fees previously ordered. The rationale is that parties cannot circumvent compliance with prior court orders (in this case, the payment of adjournment fees) by settling the substantive dispute. The court thus ensures its orders are respected and that the process of settlement does not prejudice the enforcement of costs or fees already directed.

Court Disposition

Consent adopted as judgment of the court, conditional on payment of adjournment fees.

Orders

  • The consent filed by the parties on 20 November 2015 is adopted as the judgment of the court, subject to payment of adjournment fees forthwith.