Boaz Ogweno & 23 others v Managing Director, Bakers Choice & Confectionary Limited & another [2016] KEELRC 571 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 571
- Citation
- [2016] KEELRC 571 (KLR)
- Decided
- 7 October 2016
The court allowed the 2nd respondent to pay the balance in equal instalments of Kshs.200,000 from the date of the ruling until full payment, and halted the execution of the previous judgment in default of any one instalment.
Facts
The 2nd respondent (Bakers Choice and Confectionary Limited) owed a judgment debt to the claimants (employees) as per a previous judgment dated January 28, 2016. The 2nd respondent sought to pay the balance in 11 instalments of Kshs.100,000 each, until full payment, and the court temporarily halted the execution of a previous judgment dated June 13, 2016.
Issues
- Whether the 2nd respondent should be allowed to pay the balance of the decretal amount in instalments
- Whether the court should halt the execution of the previous judgment
Reasoning
The court considered the 2nd respondent's financial statement and found that despite generating revenue, the company incurred a net loss. The court balanced the interests of the claimants and the 2nd respondent's business continuity.
Outcome
The 2nd respondent was ordered to pay the balance in instalments of Kshs.200,000 from the date of the ruling until full payment.
Orders
- The 2nd respondent to pay the balance of the decretal amount in equal instalments of Kshs.200,000 from the date of this ruling till payment in full.
- In default of any one instalment, execution to issue.
Remedies
- Payment of the balance in instalments
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