[2017] KEELRC 583 (KLR)
The court found that there was no evidence on record that the auctioneer had served the application for police assistance as previously directed. Compliance with service requirements is fundamental to the fair hearing of applications, especially those affecting the rights of parties. The court therefore ordered that...
Source-derived case information.
- Citation
- [2017] KEELRC 583 (KLR)
- Parties
- Applicant: Kenya Union of Domestic, Hotels, Educational Institutions and Allied Workers; Respondent: Silver Hotel-Naivasha; Applicant: Geoffrey I. Kariuki t/a Direct O. Auctioneers
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Cause 169 of 2013
- Procedural Posture
- Execution Application / Interlocutory Application for Police Assistance in Execution
- Outcome
- Application adjourned for service; conditional dismissal if not served by deadline.
- Judges
- MSA Makhandia
- Legal Topics
- Execution of Judgment, Police Assistance, Auctioneer Powers
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Union of Domestic, Hotels, Educational Institutions and Allied Workers
Applicant
Silver Hotel-Naivasha
Respondent
Geoffrey I. Kariuki t/a Direct O. Auctioneers
Applicant
Procedural Posture
Execution Application / Interlocutory Application for Police Assistance in Execution
Legal Issues
- 1 Whether the auctioneer is entitled to police assistance in executing the court decree.
- 2 Whether the application for police assistance was properly served on the parties as directed by the court.
Ratio Decidendi
The court found that there was no evidence on record that the auctioneer had served the application for police assistance as previously directed. Compliance with service requirements is fundamental to the fair hearing of applications, especially those affecting the rights of parties. The court therefore ordered that the application be served for inter partes hearing by a set deadline, failing which the application would stand dismissed with costs to the respondent. The court emphasized the necessity of proper service and adherence to procedural directions as a precondition for granting the orders sought.
Court Disposition
Application adjourned for service; conditional dismissal if not served by deadline.
Orders
- The motion is to be served for inter partes hearing on or before 19 October 2017 and heard on 24 October 2017.
- Appropriate affidavit(s) of service to be filed.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAKURU
CAUSE NO. 169 OF 2013
KENYA UNION OF DOMESTIC, HOTELS,
EDUCATIONALINSTITUTIONS AND ALLIEDWORKERS CLAIMANT
v
SILVER HOTEL-NAIVASHA RESPONDENT
RULING NO. 2
1. In a judgment delivered on 3 May 2016, the Court awarded the 2 Grievants herein Kshs 556,971/50 and Kshs 257,753/- respectively.
2. An attempt by the Respondent to secure a stay of execution and setting aside of the judgment was declined in a ruling delivered on 20 July 2017 for non-compliance with the condition set by the Court.
3. On 27 September 2017, an auctioneer Geoffrey I Kariuki t/a Direct O. Auctioneers moved Court under certificate of urgency seeking
1. THAT the honourable court be pleased to order the officer Commanding Naivasha Police Station to authorize his police officers to escort GEOFFREY I. KARIUKI T/A DIRECT O. AUCTIONEERS to the Premises of the Respondent for purposes of maintaining peace and order while the breaking to open the entry to Judgment premises to carry away the attached assets in execution of decree in the suit herein.
2. THAT the costs of this application be provided for.
4. When the motion was called out, none of the parties/auctioneer were in Court and the Court directed that the application be served for inter partes hearing on 16 October 2017.
5. On 16 October 2017, Mr. Bosire for the auctioneer urged the application.
6. The Court has looked at the record and considered the submissions.
7. There is nothing on record to suggest that the auctioneer served the application as was directed and the Court therefore, again directs that the motion be served for inter partes hearing on or before 19 October 2017, and it be heard on 24 October 2017 (an appropriate affidavit(s) of service be filed).
8. In default of the service by set deadline, the motion will stand dismissed with costs to the Respondent.
Delivered, dated and signed in Nakuru on this 18th day of October 2017.
Radido Stephen
Judge
Appearances
For Union not served
For Respondent not served
For Auctioneer Mr. Bosire instructed by Ochweri Ngamate & Co. Advocates
Court Assistants Nixon/Martin