[2014] KEELRC 1127 (KLR)
The court found that, in the interests of justice and exercising its discretion under Section 12(3)(vii) of the Industrial Court Act, the applicant should be granted an extension of 30 days from the date of the order to deposit the remaining decretal sum of Ksh 971,882. The court considered the applicant's...
Source-derived case information.
- Citation
- [2014] KEELRC 1127 (KLR)
- Parties
- Applicant: Lens Charles Ndago & 4 Others; Respondent: Chemilil Out-Growers Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Cause 67 of 2013
- Procedural Posture
- Miscellaneous Application / Ruling on Chamber Summons
- Outcome
- application_partially_allowed
- Judges
- HS Wasilwa
- Legal Topics
- Decretal Sum Deposit, Extension of Time, Industrial Court Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lens Charles Ndago & 4 Others
Applicant
Chemilil Out-Growers Ltd
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Chamber Summons
Legal Issues
- 1 Whether the applicant should be granted an extension of time to deposit the balance of the decretal sum.
- 2 Whether the amount already deposited is sufficient to satisfy the court's order.
- 3 Whether the application constitutes an abuse of court process.
Ratio Decidendi
The court found that, in the interests of justice and exercising its discretion under Section 12(3)(vii) of the Industrial Court Act, the applicant should be granted an extension of 30 days from the date of the order to deposit the remaining decretal sum of Ksh 971,882. The court considered the applicant's explanation regarding the difficulties in the sugar industry but did not find the deposit so far made to be sufficient to satisfy the original order. The court rejected the respondent's argument that the application was an abuse of process, instead focusing on the need to balance justice for both parties. The court made it clear that failure to comply within the extended period would...
Court Disposition
application_partially_allowed
Orders
- Time for depositing the balance of the decretal sum of Ksh 971,882 is extended by 30 days from the date of this order.
- In default of compliance within the extended period, execution to proceed.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT OF KENYA AT KISUMU
CAUSE NO. 67/2013
(Before Hon. Justice Hellen Wasilwa on 3rd July, 2014)
LENS CHARLES NDAGO & 4 OTHERS …................... CLAIMANTS
-VERSUS-
CHEMILIL OUT-GROWERS LTD ............................... RESPONDENT
R U L I N G
The application before court is the one dated 11. 4.2014. The application is brought through chamber summons filed under the Judicature Act Cap 8 of the High Court Practice and Procedure Rules Part 1 Rule 3 and all other enabling rules generally applicable. The application was brought during the court vacation hence the provisions of the law cited. The application is supported by the annexed affidavit of Ben Nyanga Aduol esq Advocate and such other grounds adduced at this hearing. It is the applicant's case that the applicant was ordered to deposit Ksh 2,271,882/= as decretal amount to the court. The said applicant has actually made a deposit of Ksh 1,300,000/= leaving a balance of Ksh 971,882/=. The applicant is now praying that the amount it has so far deposited of Ksh 1. 3 m be considered as sufficient and/or that the time within which depositing the said decretal sum of Ksh 971,882/= be enlarged to six months.
The applicant stated that the application is necessitated by the problems currently facing the sugar industry in Kenya whereby sugar industry operations have been affected.
The respondents opposed this application stating that it is an abuse of the court process as the applicants have not laid down any grounds to warrant a review. It is also respondents contention that there is no appeal filed to-date and the time for filing appeal has expired.
Having considered the averments of both parties, I exercise my discretion under S. 12 (3) (vii) of Industrial Court Act and in granting an appropriate relief for ends of justice, I extent time within which the applicants should deposit the remainder of the decretal sum by 30 days with effect from the date of this order. In default execution to proceed.
HELLEN WASILWA
JUDGE
3/7/2014
Appearances:-
Odeny Advocate for claimants present
Nyanga Advocate for respondents
CC. Wamache