Otieno Nalwayo v Mumias Sugar Co. Ltd [2015] KEELRC 404 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 404
- Citation
- [2015] KEELRC 404 (KLR)
- Decided
- 9 October 2015
The application succeeds in part and the warrant of attachment and sale are recalled and set aside. A fresh decree for the principal sum of Shs.103,500 and agreed party and party costs of Shs.105,000 is drawn.
Facts
The applicant was the respondent in two previous appeals (Kakamega HCCA No. 56 of 2009 and No. 17 of 2009) against Mumias Sugar Co. Ltd. The applicant was awarded a total of Shs.289,950 in the two appeals, with costs agreed. The applicant issued cheques to settle the decretal sum, but the respondent deducted additional court fees, leaving an uncleared balance of Shs.100,505.
Issues
- Whether the applicant was fully paid for the decretal sum
- Whether interest was awarded in the previous appeals
- Whether the warrant of attachment was valid
Reasoning
The court found that the previous judgments did not explicitly award interest, and that the Civil Procedure Act does not require interest unless specifically provided for.
Outcome
The application is partly successful.
Orders
- Recall and set aside the decree and the warrant of attachment and sale issued to Dasemy Auctioneers.
- Draw a fresh decree for the principal sum of Shs.103,500 and agreed party and party costs of Shs.105,000.
- Credit be given for any amount that has been paid towards the same.
- Each party shall bear its costs of this application.
Remedies
- Recall and set aside the warrant of attachment and sale.
- Draw a fresh decree for the principal sum and agreed party and party costs.
Authorities cited
Legislation (1)
- Civil Procedure Act
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