[2017] KEELRC 507 (KLR)
The court found that both its original judgment and subsequent ruling were clear and unambiguous regarding the issue of interest on the decretal sum. The application by the claimant was deemed an attempt to cover up its own failure to ensure calculation and payment of interest as per the decree issued. The court...
Source-derived case information.
- Citation
- [2017] KEELRC 507 (KLR)
- Parties
- Applicant: Kenya Union of Journalists and Allied Workers; Respondent: Sunday Express Newspaper Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1041 of 2011
- Procedural Posture
- Cause / Ruling on Application for Interest Interpretation
- Outcome
- application dismissed with costs
- Judges
- MN Nduma
- Legal Topics
- Interest on Decretal Sum, Interpretation of Judgment, Court Rates, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Union of Journalists and Allied Workers
Applicant
Sunday Express Newspaper Limited
Respondent
Procedural Posture
Cause / Ruling on Application for Interest Interpretation
Legal Issues
- 1 Whether the court's judgment and ruling were ambiguous regarding the award of interest on the decretal sum.
- 2 Whether the applicant is entitled to a further direction on calculation of interest at court rates from the date of filing suit.
Ratio Decidendi
The court found that both its original judgment and subsequent ruling were clear and unambiguous regarding the issue of interest on the decretal sum. The application by the claimant was deemed an attempt to cover up its own failure to ensure calculation and payment of interest as per the decree issued. The court held that there was no basis for further interpretation or direction, and that the application was frivolous, vexatious, and an abuse of the court process. Consequently, the application was dismissed with costs to be offset against the interest payable once calculated.
Court Disposition
application dismissed with costs
Orders
- The application dated 12th January 2017 is dismissed with costs to be offset against the interest payable once calculated.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAIROBI
CAUSE NO. 1041 OF 2011
KENYA UNION OF JOURNALISTS AND
ALLIED WORKERS…………………….……..………….CLAIMANT
VERSUS
SUNDAY EXPRESS NEWSPAPER LIMITED….……RESPONDENT
Kuloba for claimant
Bundotich for respondent
RULING
1. The application dated 12th January 2017 seeks the court to interpret its ruling delivered on 15th April 2016 and direct that the interest payable be calculated at court rates on the decretal amount of Kshs.1,380,000/= from date of filing suit.
2. The court has perused its judgment delivered on 6th December 2013 and the ruling dated 15th April 2016 and is satisfied that there is no ambiguity on the issue of interest in the judgment itself or in the ruling.
3. The applicant has approached court solely to cover up its failure to have interest on the award at court rates be calculated and paid in terms of the decree of the court issued by the Registrar of the court on 18th February 2014.
4. This application is frivolous, vexatious and an abuse of the court process and is dismissed with costs to be off set against the interest payable once it is calculated.
Dated, Signed and Delivered on this 31st day of October 2017
MATHEWS NDERI NDUMA
JUDGE