[2020] KEELRC 902 (KLR)
The court granted the claimant's application for security for costs and judgment as prayed, noting that the application was unopposed and the respondent had indicated willingness to comply. The court further recognized the need to deliver the ruling electronically due to COVID-19 restrictions, relying on...
Source-derived case information.
- Citation
- [2020] KEELRC 902 (KLR)
- Parties
- Claimant: Naqeeb Imtiaz Kara; Respondent: Medanta Africare Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Cause 11 of 2019
- Procedural Posture
- Employment Cause / Ruling on Interlocutory Application for Security for Costs
- Outcome
- Application for security for costs granted as prayed; costs in the cause.
- Judges
- MN Nduma
- Legal Topics
- Security for Costs, Interlocutory Applications, Court Discretion, Costs in Cause
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Naqeeb Imtiaz Kara
Claimant
Medanta Africare Limited
Respondent
Procedural Posture
Employment Cause / Ruling on Interlocutory Application for Security for Costs
Legal Issues
- 1 Whether the respondent should be ordered to deposit security for costs and judgment as sought by the claimant.
- 2 Whether the application for security for costs is opposed or unopposed.
- 3 Whether costs should follow the cause.
Ratio Decidendi
The court granted the claimant's application for security for costs and judgment as prayed, noting that the application was unopposed and the respondent had indicated willingness to comply. The court further recognized the need to deliver the ruling electronically due to COVID-19 restrictions, relying on constitutional and statutory provisions that prioritize substantive justice and the use of technology. Costs were ordered to be in the cause.
Court Disposition
Application for security for costs granted as prayed; costs in the cause.
Orders
- The respondent shall deposit security for costs and judgment in terms of prayer 3 of the notice of motion dated 6th February.
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT KISUMU
CAUSE NO. 11 OF 2019
(Before Hon. Justice Mathews N. Nduma)
NAQEEB IMTIAZ KARA...................................CLAIMANT
VERSUS
MEDANTA AFRICARE LIMITED...............RESPONDENT
RULING
1. Application dated 6th February sought the Court to order the respondent to place security for costs and judgment in this matter. M/s Owuor for the respondent on 4/11/2019 told the Court that the respondent required 30 days to deposit security in terms of the application.The application is not opposed to date and the same is granted in terms of prayer 3 of the notice of motion.
2. Costs in the cause.
Ruling Dated, Signed and delivered at Nairobi this 11th day of June, 2020
Mathews N. Nduma
Judge
ORDER
In view of the declaration of measures restricting court operations due to the COVID-19 pandemic and in light of the directions issued by his Lordship, the Chief Justice on 15th March 2020, this ruling has been delivered to the parties online with their consent. They have waived compliance with Order 21 rule 1 of the Civil Procedure Rules which requires that all judgments and rulings be pronounced in open court. In permitting this course, this court has been guided by Article 159(2)(d) of the Constitution which requires the court to eschew undue technicalities in delivering justice, the right of access to justice guaranteed to every person under Article 48 of the Constitution and the provisions of Section 18 of the Civil Procedure Act (chapter 21 of the Laws of Kenya) which impose on this court the duty of the court, inter alia, to use suitable technology to enhance the overriding objective which is to facilitate just, expeditious, proportionate and affordable resolution of civil disputes.
Mathews N. Nduma
Judge
Appearances
M/s Odinga for Claimant
M/s Owuor for Respondent
Chrispo – Court Clerk