[2021] KEELRC 970 (KLR)
The court found that the Respondent had made a clear and unqualified admission of owing the Claimant Kshs. 367,269, as evidenced in its Statement of Response. The court held that there was no justification for compelling the Claimant to sign a discharge voucher as a precondition for receiving the admitted sum,...
Source-derived case information.
- Citation
- [2021] KEELRC 970 (KLR)
- Parties
- Applicant: Grace Nyambura Kamau; Respondent: Cleanshelf Supermarkets
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 662 of 2020
- Procedural Posture
- Employment Cause / Ruling on Application for Partial Judgment on Admission
- Outcome
- Partial judgment on admission entered for the Claimant; remainder of the claim to proceed to hearing.
- Judges
- J Rika
- Legal Topics
- Redundancy Procedure, Admission of Liability, Partial Judgment, Discharge Voucher, Employment Termination, Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Grace Nyambura Kamau
Applicant
Cleanshelf Supermarkets
Respondent
Procedural Posture
Employment Cause / Ruling on Application for Partial Judgment on Admission
Legal Issues
- 1 Whether the Respondent's admission of owing Kshs. 367,269 entitles the Claimant to partial judgment on admission.
- 2 Whether the Claimant should be compelled to sign a discharge voucher as a condition for receiving the admitted sum.
- 3 Whether payment of the admitted sum prejudices the Claimant's right to pursue the remainder of her claim.
Ratio Decidendi
The court found that the Respondent had made a clear and unqualified admission of owing the Claimant Kshs. 367,269, as evidenced in its Statement of Response. The court held that there was no justification for compelling the Claimant to sign a discharge voucher as a precondition for receiving the admitted sum, especially since the remainder of the claim was still pending before the court. Compelling the Claimant to execute a discharge would prejudice her ability to pursue the outstanding prayers and could potentially weaken her claim regarding the alleged unfairness of the redundancy. The court emphasized that both parties are protected by the court process and that payment of the...
Court Disposition
Partial judgment on admission entered for the Claimant; remainder of the claim to proceed to hearing.
Orders
- Judgment on admission is entered for the Claimant in the sum of Kshs. 367,269.
- The rest of the claim to be scheduled for hearing upon satisfaction of pre-trial procedures.
Full Case Text
Judgment text and source record
26 paragraphs
REBUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOURRELATIONS COURT
AT NAIROBI
CAUSE NUMBER 662 OF 2020
BETWEEN
GRACE NYAMBURA KAMAU.....................................................................CLAIMANT
VERSUS
CLEANSHELF SUPERMARKETS..........................................................RESPONDENT
RULING
1. The Claimant seeks Judgment against the Respondent, for the total sum of Kshs. 2,939,544 in her Statement of Claim dated 30th September 2020. She also seeks general and exemplary damages, costs, interest and any other suitable orders.
2. The Respondent filed its Statement of Response, dated 24th November 2020. At paragraph 3, the Respondent states that the Claimant’s contract was terminated lawfully and fairly, on account of redundancy, and that her rightful redundancy dues, amount to Kshs. 367,269. She has refused to collect this rightful amount.
3. On the strength of this offer, the Claimant has applied for partial Judgment, in the sum of Kshs. 367,269. The Application is dated 21st January 2021, supported by the Affidavit of the Claimant, sworn on the same date.
4. The Respondent opposes the Application. While conceding that the offer was made, the Respondent holds that this was subject to the Claimant signing a discharge voucher. It was agreed that the Application is argued through Written Submissions. These were confirmed to be on record at the last mention before the Court, on 16th July 2021. Ruling was reserved for 7th October 2021, but is ready for delivery, on the date indicated below.
The Court Finds: -
5. There is a clear and unqualified admission by the Respondent, that it owes the Claimant Kshs. 367, 269. This is shown at paragraph 3 of the Statement of Response. Paragraph 3 is not pleaded on without prejudice basis.
6. There is no justification in compelling the Claimant to execute discharge upon receipt of the admitted sum, while the rest of the dispute remains in Court. If there is no more debt found due by the Court, the Respondent is protected by the Court, and no further debt shall be paid by the Respondent. There is absolutely no prejudice to be occasioned to the Respondent, by honouring its acknowledged debt.
7. The Claimant however, would not be able to justify the outstanding prayers, if she was compelled to state, that she has no further claims against the Respondent. She would be prejudiced, if payment is based on her admission that the sum paid, is the totality of her Claim. The Claim that redundancy was unfair and unlawful would probably weaken or collapse. Discharge is an enforceable contract.
8. She ought to be allowed to prosecute her remaining prayers, without being hampered by what is received by her, on admission of the Respondent. Both Parties have the protection of the Court, and need not sign papers outside the Court, apportioning, or discharging each other from, any liabilities. The amount paid shall be acknowledged to have been received by the Claimant, or in any event, payment recorded as an order of the Court. There is no need to execute discharge.
9. The Application for partial Judgment on admission is merited.
IT IS ORDERED: -
a. Judgment on admission is entered for the Claimant in the sum of Kshs. 367,269.
b. The rest of the Claim to be scheduled for hearing upon satisfaction of pre-trial procedures.
c. Costs in the cause.
DATED, SIGNED AND RELEASED TO THE PARTIES ELECTRONICALLY, UNDER MINISTRY OF HEALTH AND JUDICIARY COVID-19 GUIDELINES, AT NAIROBI, THIS 24TH DAY OF SEPTEMBER 2021.
JAMES RIKA
JUDGE