[2016] KEELRC 1818 (KLR)
The court found that the sum of Kshs.676,738.09 had already been paid by the Claimant to the Respondent and was therefore erroneously deducted from the decretal sum. The error was promptly brought to the Respondent's attention, but was ignored. The court held that it is just and fair to correct the judgment and...
Source-derived case information.
- Citation
- [2016] KEELRC 1818 (KLR)
- Parties
- Claimant: John Kennedy Ongadi; Respondent: Kenya Power & Lighting Company Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 50 of 2012
- Procedural Posture
- Employment Cause / Ruling on Amended Application for Correction of Judgment
- Outcome
- application allowed
- Legal Topics
- Correction of Judgment, Decretal Sum Adjustment, Erroneous Deduction, Civil Procedure Act Section 99
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Kennedy Ongadi
Claimant
Kenya Power & Lighting Company Limited
Respondent
Procedural Posture
Employment Cause / Ruling on Amended Application for Correction of Judgment
Legal Issues
- 1 Whether the sum of Kshs.676,738.09 was erroneously deducted from the decretal amount despite prior payment by the Claimant.
- 2 Whether the judgment and decree should be corrected under Section 99 of the Civil Procedure Act and Rule 32 of the Employment and Labour Relations Court (Procedure) Rules, 2010.
Ratio Decidendi
The court found that the sum of Kshs.676,738.09 had already been paid by the Claimant to the Respondent and was therefore erroneously deducted from the decretal sum. The error was promptly brought to the Respondent's attention, but was ignored. The court held that it is just and fair to correct the judgment and decree to reflect the correct amount due to the Claimant. The application for correction was allowed under Section 99 of the Civil Procedure Act and Rule 32 of the Employment and Labour Relations Court (Procedure) Rules, 2010, and the Respondent was ordered to pay the erroneously deducted sum to the Claimant's advocates within thirty days.
Court Disposition
application allowed
Orders
- The sum of Kshs.676,738.09 be paid to the Advocates for the Claimant within thirty (30) days from the date of this Ruling.
- Costs of the application awarded to the Claimant / Applicant.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS
COURT OF KENYA AT NAIROBI
CAUSE NO. 50 OF 2012
JOHN KENNEDY ONGADI .................................................... CLAIMANT
VERSUS
KENYA POWER & LIGHTING COMPANY LIMITED …..… RESPONDENT
Mr. K’opere for the Claimant / Applicant
Mr. Moleje for the Respondent
RULING
The Judgment of the Court delivered on 25th February 2015 authorised deduction of kshs.715,038. 18 owed to the Respondent as a car loan, car insurance, fridge and cooker loan, sales ledger and electricity bill from the decretal amount.
By Amended Application filed on 30th September 2015, under Rule 32 of the Employment and Labour Relations Court (Procedure) Rules, 2010 it has been drawn to the attention of the Court that the sum of Kshs.633,670. 15 being balance of the car loan and kshs.43,067. 94 in respect of insurance, totaling Kshs.676,738. 09 was erroneously deducted from the final award of the Court since the Claimant had already paid the sum of Kshs.676,738. 00 to the Respondent.
That the Respondent’s Advocates were served with a letter pointing out the error immediately Judgment was entered on 25th February 2015, on 3rd March 2015.
That the Respondent ignored the letter and the Respondent proceeded to settle the decretal amount less the said amount.
The Claimant / Applicant prays that the Judgment and Decree herein be corrected under Section 99 of the Civil Procedure Act and Rule 32 of Employment and Labour Relations Court (Procedure) Rule, 2010 to reflect the correct figure of Kshs.3,091, 541. 47 which should include the sum of Kshs.676,738. 09.
The Respondent opposes this application stating that no review of the Judgment of the Court is warranted since no new evidence has been adduced by the Applicant which could not reasonably be available during the trial.
The Court is satisfied however that the sum of Kshs.676,738. 09 was erroneously deducted from the decretal sum the same having been already paid by the Claimant to the Respondent.
It is in the interest of justice and fair play that the Application be allowed with costs to the Claimant / Applicant.
Accordingly, the sum of Kshs.676,738. 09 be paid to the Advocates for the Claimant within thirty (30) days from the date of this Ruling.
Dated and Delivered at Nairobi this 15th day of January, 2016
MATHEWS NDERI NDUMA
PRINCIPAL JUDGE