[2022] KEELRC 3860 (KLR)
The court found that the application sought the same orders as a previous application that had already been dismissed. The respondent had also sought review, which was not granted. The court held that the repeated filing of similar applications is frivolous, vexatious, and an abuse of the court process. The matter...
Source-derived case information.
- Citation
- [2022] KEELRC 3860 (KLR)
- Parties
- Applicant: Khalwale & Co Advocates; Respondent: Devyan Food Industries formerly Sameer Agriculture & Kivestock Company Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E053 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Notice of Motion for Stay of Taxation
- Outcome
- application dismissed with costs on the higher scale
- Judges
- Nzioki wa Makau
- Legal Topics
- Stay of Taxation, Abuse of Court Process, Res Judicata, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Khalwale & Co Advocates
Applicant
Devyan Food Industries formerly Sameer Agriculture & Kivestock Company Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion for Stay of Taxation
Legal Issues
- 1 Whether the application for stay of taxation is an abuse of the court process.
- 2 Whether the matter is res judicata due to previous similar applications having been dismissed.
- 3 Whether the applicant is entitled to a stay of taxation pending hearing of the motion.
Ratio Decidendi
The court found that the application sought the same orders as a previous application that had already been dismissed. The respondent had also sought review, which was not granted. The court held that the repeated filing of similar applications is frivolous, vexatious, and an abuse of the court process. The matter is res judicata, having been adjudicated upon multiple times. Accordingly, the application was dismissed with costs on the higher scale, and the court directed that the taxation of the bills of costs in the related miscellaneous applications proceed without further delay or stay applications.
Court Disposition
application dismissed with costs on the higher scale
Orders
- The Notice of Motion dated March 18, 2022 is dismissed with costs on the higher scale.
- Taxation of Miscellaneous Application nos. E052, E053, E054, E055, E056, E057, E058, and E060 of 2021 to proceed on June 22, 2022 before the deputy registrar.
Full Case Text
Judgment text and source record
18 paragraphs
Khalwale & Co Advocates v Devyan Food Industries formerly Sameer Agriculture & Kivestock Company Limited (Miscellaneous Application E053 of 2021) [2022] KEELRC 3860 (KLR) (16 June 2022) (Ruling)
Neutral citation: [2022] KEELRC 3860 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Miscellaneous Application E053 of 2021
Nzioki wa Makau, J
June 16, 2022
Between
Khalwale & Co Advocates
Applicant
and
Devyan Food Industries formerly Sameer Agriculture & Kivestock Company Limited
Respondent
Ruling
1. Before me for determination is the respondent/applicant’s Notice of Motion dated March 18, 2022. The application is premised on the grounds on the face of it and it seeks in the main the stay of taxation of the bill of costs in taxation in Miscellaneous Application no E052 of 2021, Miscellaneous Application no E053 of 2021 and Miscellaneous Application no E054 of 2021, Miscellaneous Application No. E055 of 2021, Miscellaneous Application no E056 of 2021, Miscellaneous Application no E057 of 2021 Miscellaneous Application no E058 of 2021, Miscellaneous Application no E060 of 2021 pending the hearing of the motion. The application is supported by the affidavit of Paul Maina advocate.
2. The claimant/respondent is opposed and filed a replying affidavit sworn by Wilberforce Khalwale advocate. He deposes that the application is vexatious and an abuse of the court process as there have been two similar applications which the court has dismissed.
3. The motion before the court is one that seeks the exact same orders as the one that precipitated the court’s ruling of November 18, 2021. The Notice of Motion dated March 18, 2022 is an abuse of the court process. Litigation must come to an end. The court rendered itself in a ruling, the respondent sought review which was not granted and now this. The motion being frivolous and vexatious and otherwise an abuse of the court process is dismissed with costs on the higher scale. Further, the court directs that the taxation of the cases being Miscellaneous Application no E052 of 2021, Miscellaneous Application no E053 of 2021 and Miscellaneous Application no E054 of 2021, Miscellaneous Application no E055 of 2021, Miscellaneous Application no E056 of 2021, Miscellaneous Application no E057 of 2021 Miscellaneous Application no E058 of 2021, Miscellaneous Application no E060 of 2021 do proceed next week on June 22, 2022 before the deputy registrar, the taxing master of the court. No applications for stay to be filed as the issue is now res judicata having been adjudicated upon ad nauseam.It is so ordered.
DATED AND DELIVERED AT NAIROBI THIS 16TH DAY OF JUNE 2022Nzioki wa MakauJUDGE