[2014] KEELRC 579 (KLR)
The court found that the conditions set by the Court of Appeal for the release of part of the decretal sum were not met within the prescribed time. As a result, the order became effective, and the respondent's appeal was deemed withdrawn or struck out. There being no pending appeal or further order from the Court of...
Source-derived case information.
- Citation
- [2014] KEELRC 579 (KLR)
- Parties
- Claimant: Peter Karanja Kuria; Respondent: Carlile College
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 561 of 2012
- Procedural Posture
- Employment Cause / Ruling on Notice of Motion Regarding Release of Decretal Sum Pending Appeal
- Outcome
- Application for stay or retention of decretal sum dismissed; balance of decretal amount to be released to claimant.
- Legal Topics
- Decretal Sum Release, Stay of Execution, Appeal Procedure, Court Orders Compliance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Karanja Kuria
Claimant
Carlile College
Respondent
Procedural Posture
Employment Cause / Ruling on Notice of Motion Regarding Release of Decretal Sum Pending Appeal
Legal Issues
- 1 Whether the balance of the decretal amount deposited with the court should be released to the claimant.
- 2 Whether there is any pending appeal or legal impediment to the release of the decretal sum.
Ratio Decidendi
The court found that the conditions set by the Court of Appeal for the release of part of the decretal sum were not met within the prescribed time. As a result, the order became effective, and the respondent's appeal was deemed withdrawn or struck out. There being no pending appeal or further order from the Court of Appeal, and the claimant having withdrawn the cross-appeal, there was no legal impediment to the release of the balance of the decretal amount. The court therefore directed the Registrar to release the remaining decretal sum to the claimant forthwith, unless otherwise directed by a subsequent order of the Court of Appeal.
Court Disposition
Application for stay or retention of decretal sum dismissed; balance of decretal amount to be released to claimant.
Orders
- The Registrar is directed to release the balance of the decretal amount deposited with the court to the claimant forthwith unless directed otherwise by an order of the Court of Appeal.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT OF KENYA
AT NAIROBI
CAUSE NO. 561 OF 2012
PETER KARANJA KURIA ………...…………….....……………….CLAIMANT
-VERSUS-
CARLILE COLLEGE ………….......................................………. RESPONDENT
Chehanza for Respondent/Applicant
Claimant in person
RULING
The Respondent/Applicant filed a notice of motion dated 3rd December 2013 upon apprehension that the Claimant Respondent would execute the decree of the Industrial Court in Civil Suit No. 561 of 2012 in the sum of Kshs. 2,004,000. 00.
It is common cause that the decretal amount was deposited with the Court pending the hearing and determination of an Appeal filed by the Applicant /Respondent.
The Registrar of the Court of Appeal issued an order of the Court of Appeal dated 8th November 2013 to the effect that:
“1. The Applicant’s application filed on 24th June, 2013 be and is hereby disallowed to enable the Respondent prosecute its application for enlargement of time to admit Civil Appeal No. 128 of 2013 out of time on condition that a sum of Kshs. 1,380,000. 00 being part of the decretal sum adjudged in favour of the applicant be released to him within (14) days of the order hereof.
2. In default of the condition No. 1 above the applicant’s application filed on 24th June, 2013 shall stand allowed and the Respondents Appeal No. 128 of 2013 shall stand struck out and or deemed to have been withdrawn.
3. The Applicant do have costs of this application.”
3. It is common cause that the release of the Kshs. 1,380,000. 00 was done after 14 days had lapsed and therefore the order of the Court of Appeal above became effective. It is for the Applicant to move the Court of Appeal for the review of the order if it was unable to comply with it for whatever reason.
4. In the absence of any further order of the Court of Appeal, no Appeal is pending with respect to the judgment of the Court pursuant to which the decretal amount was deposited with the Industrial Court.
5. The Claimant/Respondent has since withdrawn the cross appeal it had filed in this matter at the Court of Appeal and a notice to that effect was filed on 27th January, 2014.
6. It is the Court’s finding that there is at this time no impediment to the release of the balance of the decretal amount deposited with the
7. The Registrar is directed to release the said amount to the Claimant forthwith unless directed otherwise by an order of the Court of Appeal.
Dated and delivered at Nairobi this 14th day of March, 2014.
MATHEWS N. NDUMA
PRINCIPAL JUDGE