[2023] KEELRC 1312 (KLR)
The court found that the applicants never sought the order for deposit of the decretal sum in a joint interest earning account, as granted by the previous ruling. This constituted an error apparent on the face of the record, which the court has jurisdiction to correct under its review powers. The proper order, as...
Source-derived case information.
- Citation
- [2023] KEELRC 1312 (KLR)
- Parties
- Applicant: Mang Hotel; Applicant: Timothy Kinuthia; Respondent: Peter Kimeu Mose; Respondent: Joseph Nthiwa Nzioki; Respondent: Anthony Kariuki Gichohi; Respondent: Sylvester Kyalo Mutio; Respondent: Anne Wambui Wanyokie; Respondent: Cyrus Mwaura Mbugua; Respondent: Lilian Wambui Gachoka; Respondent: William Nthiani Kithuka; Respondent: Stanley Githinji Mwangi; Respondent: James Angulu Ndakala; Respondent: Martin Nzioka Kitumbi; Respondent: Judy Mweru Gathogo; Respondent: Francis Munyevi Ndonye; Respondent: Joseph Kariuki Rugiri
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 267 of 2014
- Procedural Posture
- Review Application / Ruling on Application for Review of Security for Decretal Sum Order
- Outcome
- application for review allowed; previous order substituted
- Judges
- NJ Abuodha
- Legal Topics
- Review of Court Orders, Security for Decretal Sum, Stay of Execution, Bankers Guarantee
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Mang Hotel
Applicant
Timothy Kinuthia
Applicant
Peter Kimeu Mose
Respondent
Joseph Nthiwa Nzioki
Respondent
Anthony Kariuki Gichohi
Respondent
Sylvester Kyalo Mutio
Respondent
Anne Wambui Wanyokie
Respondent
Cyrus Mwaura Mbugua
Respondent
Lilian Wambui Gachoka
Respondent
William Nthiani Kithuka
Respondent
Stanley Githinji Mwangi
Respondent
James Angulu Ndakala
Respondent
Martin Nzioka Kitumbi
Respondent
Judy Mweru Gathogo
Respondent
Francis Munyevi Ndonye
Respondent
Joseph Kariuki Rugiri
Respondent
Procedural Posture
Review Application / Ruling on Application for Review of Security for Decretal Sum Order
Legal Issues
- 1 Whether the court erred by ordering deposit of decretal sum in a joint account when the applicant did not seek such an order.
- 2 Whether the applicant is entitled to have the order substituted with a direction to deposit a renewable Banker.s Guarantee as security pending appeal.
Ratio Decidendi
The court found that the applicants never sought the order for deposit of the decretal sum in a joint interest earning account, as granted by the previous ruling. This constituted an error apparent on the face of the record, which the court has jurisdiction to correct under its review powers. The proper order, as sought by the applicants, was for the deposit of a renewable Banker.s Guarantee of the decretal sum in the name of the applicants. advocates pending the hearing and determination of the appeal. The court therefore allowed the application for review and substituted the previous order accordingly, holding that costs would abide the outcome of the appeal.
Court Disposition
application for review allowed; previous order substituted
Orders
- The order of 9th February, 2023 is set aside and substituted with an order directing the applicant to deposit a renewable Banker.s Guarantee of Kshs.2,417,422.15 in the name of M/S Lucy Njiru & Company Advocates pending the hearing and determination of Civil Appeal No. E880 of 2022.
- Costs to abide the outcome of the appeal.
Full Case Text
Judgment text and source record
50 paragraphs
Mang Hotel & another v Mose & 13 others (Cause 267 of 2014) [2023] KEELRC 1312 (KLR) (26 May 2023) (Ruling)
Neutral citation: [2023] KEELRC 1312 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Cause 267 of 2014
NJ Abuodha, J
May 26, 2023
Between
Mang Hotel
1st Applicant
Timothy Kinuthia
2nd Applicant
and
Peter Kimeu Mose
1st Respondent
Joseph Nthiwa Nzioki
2nd Respondent
Anthony Kariuki Gichohi
3rd Respondent
Sylvester Kyalo Mutio
4th Respondent
Anne Wambui Wanyokie
5th Respondent
Cyrus Mwaura Mbugua
6th Respondent
Lilian Wambui Gachoka
7th Respondent
William Nthiani Kithuka
8th Respondent
Stanley Githinji Mwangi
9th Respondent
James Angulu Ndakala
10th Respondent
Martin Nzioka Kitumbi
11th Respondent
Judy Mweru Gathogo
12th Respondent
Francis Munyevi Ndonye
13th Respondent
Joseph Kariuki Rugiri
14th Respondent
Ruling
1. The applicant sought a review of this Court’s ruling delivered on 9th February, 2023 ( Mbaru J) in which the learned Judge ordered that the decretal sum be deposited in a joint interest earning account held by both parties within the next 30 days.
2. The applicants pray that the order of the learned Judge be substituted with an order directing that the applicant do deposit a renewable Banker’s Guarantee of the decretal sum being Kshs.2,417,422. 15 in the name of M/S Lucy Njiru & Company Advocates pending the hearing and determination of Civil Appeal No. E880 of 2022.
3. According to the applicant, their application dated 22nd November, 2022 did not seek such an order therefore the learned Judge must have made an error granting a prayer the applicants never sought. The applicant further stated that the application before the learned Judge was made by the applicants seeking to provide security for the decretal sum pending appeal or in the alternative they be allowed to deposit a Banker’s Guarantee for the amount. It was not an application for stay of execution in which the Court could impose conditions.
4. The applicant also stated that the Appeal had undergone case management directing the parties to file their respective submissions in 30 days.
5. The Court has perused the application dated 22nd November, 2022 and is persuaded that it is indeed correct that the applicant never sought the orders which the Court ultimately granted. This was obviously an error on the face of the record which the Court has power under its review jurisdiction to correct. The application dated 13th February, 2023 is therefore hereby allowed to the extent that the order of the learned Judge issued on 9th February, 2023 be and is hereby substituted with an order directing that the applicant do deposit a renewable Banker’s Guarantee of the decretal sum being Kshs.2,417,422. 15 in the name of M/S Lucy Njiru & Company Advocates pending the hearing and determination of Civil Appeal No. E880 of 2022.
6. Costs to abide the outcome of the Appeal.
7. It is so ordered.
DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI ON THIS 26TH DAY OF MAY 2023ABUODHA J. N.JUDGEIn the presence of:-M/s Njiru for the ClaimantTimothy for the Respondent