[2022] KEELRC 838 (KLR)
The court found that the sum of Kshs. 4,127,247 stated in the warrants of attachment and proclamation was not supported by the decree or the record. The correct computation, including notice pay, compensation, interest as awarded, and taxed costs, approximated Kshs. 1,512,943 as of the date of the warrants. The...
Source-derived case information.
- Citation
- [2022] KEELRC 838 (KLR)
- Parties
- Claimant: Hassan Edin Kono; Claimant: Isacko Harsama; Claimant: Abdullahi Isack Amwaru; Respondent: Resource Protection Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1254 of 2014
- Procedural Posture
- Employment Cause / Post Judgment Application for Stay and Review of Execution
- Outcome
- Application allowed; warrants and proclamation set aside; judgment varied as to interest; liberty to reapply.
- Judges
- J Rika
- Legal Topics
- Warrants of Attachment, Decretal Sum Calculation, Interest on Judgment Debt, Review of Judgment, Execution Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hassan Edin Kono
Claimant
Isacko Harsama
Claimant
Abdullahi Isack Amwaru
Claimant
Resource Protection Limited
Respondent
Procedural Posture
Employment Cause / Post Judgment Application for Stay and Review of Execution
Legal Issues
- 1 Whether the sum of Kshs. 4,127,247 quoted in the warrants of attachment is consistent with the decree on record.
- 2 Whether the warrants of attachment and proclamation based on the disputed sum should be set aside.
- 3 Whether further interest should accrue on the awarded sums after the date of the warrants.
Ratio Decidendi
The court found that the sum of Kshs. 4,127,247 stated in the warrants of attachment and proclamation was not supported by the decree or the record. The correct computation, including notice pay, compensation, interest as awarded, and taxed costs, approximated Kshs. 1,512,943 as of the date of the warrants. The Claimants' attempt to execute for a grossly exaggerated sum amounted to a distortion of the decretal sums and an obstruction of settlement. The court exercised its power to review and vary the judgment, recalling the warrants and proclamation based on the inflated sum, and ordered that further interest on the awarded sums cease from the date of the warrants. The Claimants were...
Court Disposition
Application allowed; warrants and proclamation set aside; judgment varied as to interest; liberty to reapply.
Orders
- The warrants of attachment and proclamation based on a sum of Kshs. 4,127,247 are recalled and set aside.
- Judgment is reviewed and varied to the effect that Notice Pay and Compensation awarded shall cease to attract further interest with effect from the date of the warrants, 18th August 2021.
Full Case Text
Judgment text and source record
36 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT AT NAIROBI
CAUSE NUMBER 1254 OF 2014
BETWEEN
1. HASSAN EDIN KONO
2. ISACKO HARSAMA
3. ABDULLAHI ISACK AMWARU............................................................... CLAIMANTS
VERSUS
RESOURCE PROTECTION LIMITED................................................... RESPONDENT
RULING
1. The Claimants obtained Judgment against the Respondent on 12th July 2019.
2. Judgments was for: -
Notice pay… Kshs. 124,586.
Compensation…Kshs. 747,216.
Certificates of Service.
Interest on Notice Pay at 14% per annum, from 26th April 2013 till payment in full.
Interest on Compensation at 14% per annum from the date of Judgment till payment in full.
3. The Claimants have obtained warrants of attachment of movable property. The decretal sum is quoted at a perplexing sum of Kshs. 4,127,247.
4. The Respondent disputes the sum. It has filed an Application dated 6th September 2021, asking the Court to stay execution of the warrants and quash proclamation of Respondent’s movable properties. The Application is founded on the Affidavit of the Respondent’s Advocate, sworn on 6th September 2021. The Respondent states that the sum indicated on the warrants and the proclamation is defective, unlawful and grossly exaggerated. The Respondent wrote to the Auctioneers instructed by the Claimants, but no correction was done.
The Court Finds: -
5. The sum of Kshs. 4,127,247 in the warrants and the proclamation is not consistent with the decree on record.
6. An approximation carried out by the Court below, does not support the sum of Kshs.4,127,247.
7. Notice at Kshs. 124,586 with interest at 14% per annum, from 2013 to 2021 when the warrants were obtained, amounts to [Kshs. 124,586 + 139,536] = Kshs. 264,122.
8. Compensation at Kshs. 747,216 with interest at 14% per annum, from 2019 to 2021 when the warrants were obtained, amounts to [Kshs. 747,216 + 209,220] = Kshs.956,436.
9. The record shows costs were taxed and allowed at Kshs. 292,385 on 3rd September 2020.
10. The total above, as of the date the warrants were obtained, would be Kshs. 1,512,943. This is an approximation by the Court in preparing this Ruling, and not the exact figure the Parties should adopt, in moving forward.
11. This sum is closer to the sum conceded at paragraph 8, of the Respondent’s Affidavit, at Kshs. 1,443, 174.
12. The sum advanced by the Claimants in their warrants, at Kshs. 4,127,247 is way out of line. It cannot be sustained.
13. The Claimants should not be allowed to continue obfuscating settlement, by distorting the decretal sums payable. It is noted that the Respondent had commenced paying the decretal sum. It would also not be in the interest of justice to maintain the orders on interest.
IT IS ORDERED: -
a. The warrants of attachment and proclamation based on a sum of Kshs. 4,127, 247 are recalled and set aside.
b. Judgment is reviewed and varied, to the effect that Notice Pay and Compensation awarded, shall cease to attract further interest, with effect from the date of the warrants, 18th August 2021.
c. The Claimants are free to reapply, based on the correct sum of decretal sum.
DATED, SIGNED AND RELEASED TO THE PARTIES ELECTRONICALLY, AT NAIROBI, UNDER THE MINISTRY OF HEALTH AND JUDICIARY COVID-19 GUIDELINES, THIS 11TH DAY OF FEBRUARY 2022.
JAMES RIKA
JUDGE