[2022] KEELRC 286 (KLR)
The court found that since the claimant specifically pleaded for interest and costs in both the original and amended plaint, and the respondent admitted these reliefs, the claimant is entitled to both. The general rule that costs follow the event applies, and the court is obligated to award interest where it is...
Source-derived case information.
- Citation
- [2022] KEELRC 286 (KLR)
- Parties
- Plaintiff: John Wanjau Maina; Defendant: Abercrombile and Kent Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 832 of 2014
- Procedural Posture
- Employment Cause / Ruling on Interest and Costs After Consent Judgment
- Outcome
- Application for interest and costs allowed.
- Judges
- MN Nduma
- Legal Topics
- Settlement by Consent, Award of Interest, Award of Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
John Wanjau Maina
Plaintiff
Abercrombile and Kent Limited
Defendant
Procedural Posture
Employment Cause / Ruling on Interest and Costs After Consent Judgment
Legal Issues
- 1 Whether the claimant is entitled to interest on the decretal sum following settlement by consent.
- 2 Whether the claimant is entitled to costs of the suit.
Ratio Decidendi
The court found that since the claimant specifically pleaded for interest and costs in both the original and amended plaint, and the respondent admitted these reliefs, the claimant is entitled to both. The general rule that costs follow the event applies, and the court is obligated to award interest where it is specifically pleaded, regardless of whether the matter is resolved by consent or judgment. The court thus ordered the respondent to pay the agreed decretal sum with interest at court rates from the date of consent until payment in full, and to pay the costs of the suit to the claimant.
Court Disposition
Application for interest and costs allowed.
Orders
- The respondent is to pay the decretal sum of Kshs 848,366.47 with interest at court rates from the date of consent until payment in full.
- The respondent is to pay the costs of the suit to the claimant.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAIROBI
CAUSE N0. 832 OF 2014
JOHN WANJAU MAINA.......................................................... PLAINTIFF
VERSUS
ABERCROMBILE AND KENT LIMITED...........................DEFENDANT
RULING
1. On 5th April, 2019 Hon. Ndolo, J. made a Ruling that the suit was settled vide a consent recorded before Hon. Nderi Nduma J, on 2nd January, 2017 in terms of which the respondent was to pay the claimant Kshs. 848,366. 47 in full and final settlement of the matter.
2. That the only outstanding issue was payment of interest and costs. Parties were directed by the learned judge, to file submissions on the issue of costs and interest.
3. It is a fact that the suit has been pending in Court since the year 2004, a period of 17 years.
4. The claimant had to wait for about 17 years to have the matter settled by consent of the parties.
5. It is apparent from the plaint filed on 14th January, 2004, the claimant sought the following reliefs: -
(a) General damages.
(b) Interest on damages and costs of the suit.
(c) Any other relief the Court may deem fit to award.
6. These reliefs were reiterated in the amended plaint which fact the respondent has admitted in paragraph 1. 3 of its written submissions.
7. The general rule is that costs follow the event. It is also settled, that, where award of interest has been specifically pleaded, the Court has as a matter of course to award the same to the successful party be it in liquidated claim and /or a claim determined by consent of the parties at an agreed amount and/or by the Court upon hearing and determination of the suit.
8. The Civil Procedure Act, and Rules are clear on this matter and I need not belabour it.
9. Having considered the circumstances of this case, and the submissions by the parties, the Court finds and makes an order: -
(a) That the respondent is to pay the decretal sum of Kshs 848,366. 47 agreed upon by the parties in a consent recorded on 21st June, 2017 before Hon. Nderi Nduma J. with interest at Court rates from date of the consent till payment in full.
(b) That the respondent to pay the costs of the suit to the claimant.
Dated and delivered at Nairobi this 21st day of April, 2022.
MATHEWS N. NDUMA
JUDGE
ORDER
In view of the declaration of measures restricting court of operations due to the COVID-19 pandemic and in light of the directions issued by his Lordship, the Chief Justice on 15th March 2020, this ruling has been delivered to the parties online with their consent. They have waived compliance with Order 21 rule 1 of the Civil Procedure Rules which requires that all judgments and rulings be pronounced in open court. In permitting this course, this court has been guided by Article 159(2)(d) of the Constitution which requires the court to eschew undue technicalities in delivering justice, the right of access to justice guaranteed to every person under Article 48 of the Constitution and the provisions of Section 18 of the Civil Procedure Act (chapter 21 of the Laws of Kenya) which impose on this court the duty of the court, inter alia, to use suitable technology to enhance the overriding objective which is to facilitate just, expeditious, proportionate and affordable resolution of civil disputes.
MATHEWS N. NDUMA
JUDGE
Appearances
M/s Nyaguthii for the claimant
Mr. Weru for Respondent
Ekale - Court Assistant