[2019] KEELRC 1824 (KLR)
The court found that the Respondent improperly dealt with the auctioneer to the exclusion of the Claimant's counsel and made payments to the auctioneer rather than directly to the Claimant. The auctioneer, in turn, deducted an excessive amount as charges and forwarded only a small portion to the Claimant. The court...
Source-derived case information.
- Citation
- [2019] KEELRC 1824 (KLR)
- Parties
- Claimant: Joseph Korir; Respondent: Race Guards Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Cause 246 of 2017
- Procedural Posture
- Execution Application / Ruling on Application for Release of Attached Motor Vehicle and Payment of Decretal Sum
- Outcome
- application allowed in part
- Judges
- AN Makau
- Legal Topics
- Execution of Decree, Auctioneer Charges, Payment of Decretal Sum
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Korir
Claimant
Race Guards Limited
Respondent
Procedural Posture
Execution Application / Ruling on Application for Release of Attached Motor Vehicle and Payment of Decretal Sum
Legal Issues
- 1 Whether the auctioneer was entitled to deduct charges from the decretal sum due to the Claimant.
- 2 Whether the Respondent satisfied the decree by paying the auctioneer instead of the Claimant.
- 3 Whether the Claimant is entitled to the balance of the decretal sum and reasonable auctioneer charges.
Ratio Decidendi
The court found that the Respondent improperly dealt with the auctioneer to the exclusion of the Claimant's counsel and made payments to the auctioneer rather than directly to the Claimant. The auctioneer, in turn, deducted an excessive amount as charges and forwarded only a small portion to the Claimant. The court held that the Claimant was entitled to the full decretal sum without unauthorized deductions, and that the auctioneer was not entitled to extract sums beyond what could be awarded on taxation. The Respondent was therefore ordered to pay the balance of the decretal sum to the Claimant and to pay reasonable auctioneer's charges within 14 days, failing which the Claimant would be...
Court Disposition
application allowed in part
Orders
- The Respondent shall pay the balance of costs due to the Claimant within 14 days.
- The Respondent shall pay reasonable auctioneer's charges within 14 days.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT & LABOUR RELATIONS
COURT OF KENYA AT NYERI
SUIT NO. 246 OF 2017
JOSEPH KORIR..............................CLAIMANT/RESPONDENT
VERSUS
RACE GUARDS LIMITED............RESPONDENT/APPLICANT
RULING
1. The application before me relates to the release of a motor vehicle attached in execution of the decree of this court. The Respondent asserts that payment in excess of the decretal sum was paid as the auctioneer inflated his charges leading to a balance of the decretal sum remaining unpaid. The Claimant in the reply indicated that only a portion of the decree had been satisfied. The auctioneer in the case acted as if the decree was in his favour and extracted a sum of Kshs. 102,644/- as his charges forwarding a paltry sum to the decree holder who is the Claimant. I ordered the refund of the sum pending this Ruling. After considering the submissions of counsel for the Respondent and the counsel for the Claimant, it is clear that the Respondent dealt with the auctioneer to the exclusion of counsel for the Claimant and ended up making payments in the name of the auctioneer in an effort to release the vehicle. The Claimant was entitled to receive the sum due to him without any deduction by either the Respondent or the auctioneer. The auctioneer is aware of the process of recovery of his costs and has no business extorting a sum that he cannot be awarded on taxation of his bill. In the premises I order that the Respondent pays the balance of costs due to the Claimant and pay reasonable auctioneers charges within 14 days of today. Claimant will be at liberty to execute the decree if it remains unsatisfied after the 2 weeks. Each party to bear their own costs.
It is so ordered.
Dated and delivered at Nyeri this 9th day of April 2019
Nzioki wa Makau
JUDGE
I certify that this is a
true copy of the Original
Deputy Registrar