[2020] KEELRC 1674 (KLR)
The court found that the application for stay of execution was res judicata, as the issue had already been litigated and determined between the same parties in a previous application. The court held that the applicant was improperly seeking to re-open a matter that had been conclusively decided, and that the proper...
Source-derived case information.
- Citation
- [2020] KEELRC 1674 (KLR)
- Parties
- Respondent: Gladys Wambui Mwai; Applicant: Highland Plants Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 94 of 2018
- Procedural Posture
- Stay Application / Ruling on Application for Stay of Execution Pending Appeal
- Outcome
- application dismissed with costs to the claimant/respondent
- Judges
- AN Makau
- Legal Topics
- Stay of Execution, Res Judicata, Execution of Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gladys Wambui Mwai
Respondent
Highland Plants Limited
Applicant
Procedural Posture
Stay Application / Ruling on Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the application for stay of execution is res judicata.
- 2 Whether the attachment of the applicant's vehicles was irregular for lack of service of decree and proclamation notice.
- 3 Whether the applicant is entitled to the release and return of the attached vehicles.
Ratio Decidendi
The court found that the application for stay of execution was res judicata, as the issue had already been litigated and determined between the same parties in a previous application. The court held that the applicant was improperly seeking to re-open a matter that had been conclusively decided, and that the proper forum for any further dispute was the appellate process, not repeated applications before the same court. Consequently, the application was dismissed with costs to the respondent.
Court Disposition
application dismissed with costs to the claimant/respondent
Orders
- The application for stay of execution is dismissed with costs to the claimant/respondent.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT & LABOUR RELATIONS COURT OF KENYA
AT NYERI
CAUSE NO. 94 OF 2018
GLADYS WAMBUI MWAI..................................................CLAIMANT/ RESPONDENT
VERSUS
HIGHLAND PLANTS LIMITED.......................................RESPONDENT/APPLICANT
RULING
1. The Respondent/Applicant herein seeks through the Notice of Motion Application dated 3rd February 2020 for stay of execution. In the motion it was asserted that after the Respondent/Applicant’s application for stay pending appeal was dismissed, the Respondent/Applicant’s m/v Reg. Nos. KAQ 169P and KBG 565F were attached without service of a decree and proclamation notice as required by law. The Respondent/Applicant thus sought the attachment which it asserts was embarked upon in an irregular manner there was need to stay the execution. The Respondent/Applicant sought the immediate release and return of the vehicles aforesaid to the Applicant unconditionally. The motion was supported by the affidavit of Andrew Kiongera Mungai the Finance and Administration Officer of the Respondent.
2. The motion was opposed by the Claimant who filed an affidavit in which she deposed that the Respondent/Applicant’s motion was an abuse of the court process as a similar motion was dismissed in December. She deponed that the Respondent/Applicant was seeking to stop her from enjoying the fruits of judgment. She deposed that execution is a process and there was to be an end to litigation. She urged the dismissal of the motion.
3. The application was canvassed orally before me and a Ruling reserved for today. The motion seeking to stay execution is misplaced. The issue has been subject of previous litigation and determination by this court and attracts censure as it is res judicata. Res Judicatais Latin for a thing adjudged. In this context, res judicatarefers to the legal doctrine that seeks to bar or preclude continued litigation of a case on same issues between the same parties. The matter of stay has been litigated and definitive determination given. Dispute now lies elsewhere as there is stated to be an appeal that has been preferred. The motion is fit only for dismissal with costs to the Claimant.
It is so ordered.
Dated and delivered at Nyeri this 13th day of February 2020
Nzioki wa Makau
JUDGE