Kenya Union of Commercial Food and Allied Workers Union v Mutuguta Farmers Co-operative Society Limited [2015] KEELRC 323 (KLR)

Summary at a glance

Facts

The respondent instructed Hippo Auctioneers to attach the claimant's moveable assets to recover costs of the suit amounting to Kshs. 451, 039.00. The claimant was not served with the notice on ruling on taxation and the decree. The respondent never demanded the payment of costs as taxed before execution process was invoked.

Issues

• Whether the respondent's attachment of the claimant's moveable assets was valid
• Whether the taxation of costs was valid and whether the claimant was served with the decree and certificate of taxation

Reasoning

The court considered the need to enhance good industrial relations and accord justice in the matter, extending the time for filing the objection and staying the execution proceedings.

Outcome

Claimant's suit dismissed with costs

Orders

• Extension of time for filing the objection to the taxing master's decision
• Stay of execution proceedings until the lapsing of the 14 days prescribed in subparagraph 11(2) of the Advocates (Remuneration) Order

Remedies

• Claimant bears the respondent's costs of the application

Authorities cited