[2014] KEELRC 1220 (KLR)
The court exercised its discretion to allow the respondents to pay the decretal sum in four equal monthly instalments, considering the financial circumstances presented by both parties. The court found that the respondents' request for stay of execution was rendered moot by the determination of the application...
Source-derived case information.
- Citation
- [2014] KEELRC 1220 (KLR)
- Parties
- Claimant: Japheth M. Erazi; Respondent: Budget Driving School
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Cause 180 of 2013
- Procedural Posture
- Employment and Labour Cause / Ruling on Execution and Stay Application
- Outcome
- Application partially allowed.
- Judges
- HS Wasilwa
- Legal Topics
- Execution of Judgment, Instalment Payments, Stay of Execution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Japheth M. Erazi
Claimant
Budget Driving School
Respondent
Procedural Posture
Employment and Labour Cause / Ruling on Execution and Stay Application
Legal Issues
- 1 Whether the respondents should be allowed to pay the decretal sum in instalments of Ksh 50,000 per month.
- 2 Whether a stay of execution should be granted pending determination of the application.
Ratio Decidendi
The court exercised its discretion to allow the respondents to pay the decretal sum in four equal monthly instalments, considering the financial circumstances presented by both parties. The court found that the respondents' request for stay of execution was rendered moot by the determination of the application through this ruling. The court balanced the interests of both parties and ordered that payment be made in instalments, with execution to issue in case of default.
Court Disposition
Application partially allowed.
Orders
- The respondents shall pay the decretal sum in four equal monthly instalments commencing 5th August 2014 and on the 5th of every subsequent month until payment in full.
- In default of payment, execution to issue.
Full Case Text
Judgment text and source record
17 paragraphs
IN THE INDUSTRIAL COURT OF KENYA AT KISUMU
CAUSE NO. 180/2013
(Before Hon. Justice Hellen S. Wasilwa on 31st July, 2014)
JAPHETH M. ERAZIA …............................................... CLAIMANT
-VERSUS-
BUDGET DRIVING SCHOOL ….............................. RESPONDENTS
R U L I N G
The issue before court is on execution. The issue is whether the respondents can be allowed to execute in instalments of Ksh 50,000/= per month or not. This would basically be an issue for determination before the Deputy Registrar which I would have let the Deputy Registrar determine but for the other prayer where the respondents seek stay of execution pending determination of this application. The application as it were is being determined by virtue of this ruling and therefore there would be no need to grant any other stay orders.
What therefore remains is the issue of execution in instalments. I have considered the affidavits filed by both parties. The claimant allege that the respondents collect fees from their students on a daily basis and therefore cannot lack money to pay. The respondents on the other hand aver that the money they collect is adequate for running of institution including payment of salaries and is not enough to offset the decretal sum at once.
I exercise my discretion and order that the respondents offset the decretal sum in 4 equal monthly intalments with effect from 5th August 2014 and on 5th of every subsequent month until payment in full. In default execution to issue.
HELLEN WASILWA
JUDGE
31/7/2014
Appearances:-
Ondego for respondent applicants present
N/A for claimant
CC. Wamache