[2014] KEELRC 16 (KLR)
The court found no basis for striking out the 1st Respondent's Statement of Defence as it was already on the court file and available to the applicant. The court also held that the applicant failed to demonstrate any real risk that the 1st Respondent, being a public company listed on the Kenya Stock Market, would be...
Source-derived case information.
- Citation
- [2014] KEELRC 16 (KLR)
- Parties
- Applicant: Kevin Michael Dunlop; Respondent: CMC Motors Group Limited; Respondent: James Kariuki t/a Ndarugu Merchants
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1772 of 2013
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Application
- Outcome
- application dismissed with costs
- Legal Topics
- Security for Costs, Striking Out Defence, Interlocutory Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kevin Michael Dunlop
Applicant
CMC Motors Group Limited
Respondent
James Kariuki t/a Ndarugu Merchants
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the 1st Respondent's Statement of Defence should be struck out and judgment entered for the Claimant.
- 2 Whether the 1st Respondent should be ordered to deposit Kshs.12,504,076 as security for satisfaction of any decree.
Ratio Decidendi
The court found no basis for striking out the 1st Respondent's Statement of Defence as it was already on the court file and available to the applicant. The court also held that the applicant failed to demonstrate any real risk that the 1st Respondent, being a public company listed on the Kenya Stock Market, would be unable to satisfy any decree that may be passed against it. Consequently, the application for security for satisfaction of decree lacked merit and was dismissed with costs.
Court Disposition
application dismissed with costs
Orders
- The application to strike out the 1st Respondent's Statement of Defence is dismissed.
- The application to order the 1st Respondent to deposit Kshs.12,504,076 as security for satisfaction of any decree is dismissed with costs.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT OF KENYA
AT NAIROBI
CAUSE NO. 1772 OF 2013
KEVIN MICHAEL DUNLOP ……………….……….. CLAIMANT
VERSUS
CMC MOTORS GROUP LIMITED ….….…….. 1ST RESPONDENT
JAMES KARIUKI T/A
NDARUGU MERCHANTS …………….…….. 2ND RESPONDENT
RULING
1. The Applicant filed a notice of motion dated 25th February 2014 seeking an order in the following terms;
(1) that the 1st Respondent’s Statement of Defence dated 16th December, 2013 and filed on 18th December, 2013 be struck and judgment be entered in favour of the Claimant and against the Respondents as prayed in the Claimant’s Memorandum of Claim.
(2) that in the alternative to 2 above the 1st Respondent be ordered to deposit the sum of Kshs.12,504,076. 00 in this Honourable Court as security for satisfaction of any decree that may be passed against it in the suit herein.
2. There is no basis at all for the orders sought in that: the Memorandum of Defence is in the Court file and if need be, the Applicant is at liberty to obtain a copy of the same for purpose of filing a response for any event a reasonable explanation was given why there was a delay in serving the Statement of Defence.
4. With respect to the second prayer sought, the 1st Respondent is a public company listed in the Kenya Stock Market and if the same is brought out by the said prospective buyers the law governing such a taken over shall cover the interest of persons with pending suits against the 1st Respondent.
5. The Application to get the 1st Respondent to deposit the sum of Kshs.12,504,076/= as security for satisfaction of any decree that may be passed against it lacks merit and same is dismissed with costs.
Dated and Delivered at Nairobi this 19th day of December, 2014
MATHEWS N. NDUMA
PRINCIPAL JUDGE