[2020] KECA 90 (KLR)
The Court found that there was no evidence of a mutual agreement between the parties to compromise the appeal. The respondent expressly denied any such agreement, and the Court was not satisfied that a genuine compromise had been reached. Therefore, the application for stay of judgment lacked merit and was dismissed...
Source-derived case information.
- Citation
- [2020] KECA 90 (KLR)
- Parties
- Appellant: Moses Segite; Respondent: Kenya Fluorspar Company Ltd
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 141 of 2017
- Procedural Posture
- Civil Appeal / Ruling on Motion for Stay of Judgment Pending Alleged Compromise
- Outcome
- application for stay of judgment dismissed with costs to the respondent; judgment to be delivered on scheduled date
- Judges
- RN Nambuye, J Karanja
- Legal Topics
- Stay of Judgment, Compromise of Appeal, Settlement Agreements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Moses Segite
Appellant
Kenya Fluorspar Company Ltd
Respondent
Procedural Posture
Civil Appeal / Ruling on Motion for Stay of Judgment Pending Alleged Compromise
Legal Issues
- 1 Whether there was an agreement between the parties to compromise the appeal.
- 2 Whether the delivery of judgment should be stayed based on the alleged compromise.
Ratio Decidendi
The Court found that there was no evidence of a mutual agreement between the parties to compromise the appeal. The respondent expressly denied any such agreement, and the Court was not satisfied that a genuine compromise had been reached. Therefore, the application for stay of judgment lacked merit and was dismissed with costs to the respondent. The Court ordered that judgment in the appeal would be delivered on the scheduled date.
Court Disposition
application for stay of judgment dismissed with costs to the respondent; judgment to be delivered on scheduled date
Orders
- The Motion dated 22nd October 2020 is dismissed with costs to the respondent.
- Judgment in the appeal shall be delivered on 19th February 2021.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAIROBI
CORAM: NAMBUYE, KARANJA & M’INOTI, JJ.A.
CIVIL APPEAL NO. 141 OF 2017
BETWEEN
MOSES SEGITE......................................................................................................APPELLANT
AND
KENYA FLUORSPAR COMPANY LTD............................................................RESPONDENT
(Appeal from the Judgment and Decree of the Employment and Labour Relations Court
at Eldoret (Radido, J.) dated 29th September 2017in ELD. ELRC Appeal No. 2 of 2017)
******************************************
RULING OF THE COURT
We heard this appeal on 14th July 2020 and reserved judgment for 6th November 2020. On 22nd October 2020, the appellant filed a Motion on Notice seeking stay of delivery of the judgment, on the ground that the parties had agreed to compromise the appeal on agreed terms. In the premises, he averred that it was not necessary for the Court to deliver the judgment.
Because of that application, the judgment was not delivered on 6th November as scheduled.
Upon being served with the application for stay of judgment, the respondent, however, opposed the same and denied having agreed to compromise the appeal. In paragraphs 20 and 24 of its replying affidavit, the respondent averred as follows:
“20. That there has never been any communication between the purported caretaker, one Kibor Some Samoei, who has sworn an affidavit herein in support of the application and our office over the matter herein.”
24. That the purported willingness to settle this mater without awaiting the judgment is therefore a misconception based on fraud.”
It is crystal clear to us that the parties have not reached any agreement to compromise the appeal. In the premises, the Motion dated 22nd October 2020 has no merit and is hereby dismissed with costs to the respondent.
Judgment in the appeal shall now be delivered on 19th February 2021. It is so ordered.
Dated and delivered at Nairobi this 4thday of December, 2020.
R. N. NAMBUYE
...................................
JUDGE OF APPEAL
W. KARANJA
...................................
JUDGE OF APPEAL
K. M’INOTI
....................................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
Signed
DEPUTY REGISTRAR