Victor Amos Nandi Otipa v Malplast Industries Limited [2019] KEELRC 1605 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1605
- Citation
- [2019] KEELRC 1605 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeExecution in Labour DisputePostureRespondent/Applicant seeks to pay the decretal amount in instalmentsCoramMutava, Mwongo, Nzioka
Holding
Application fails and is dismissed with costs to the Claimant, execution may proceed
Facts
Respondent/Applicant claims financial distress and seeks to pay the decretal sum in instalments, while Claimant/Respondent argues the Respondent is not settling the decretal sum and seeks to proceed with execution.
Issues
- Whether to grant the application for payment in instalments
- Whether the Respondent's conduct indicates good faith and attempt to settle the decretal sum
Reasoning
Respondent has not made payment despite knowledge of the decree and has not shown good faith or attempt to settle the decretal sum.
Outcome
Application dismissed
Orders
- Application for payment in instalments dismissed
- Execution may proceed
Remedies
- Costs to the Claimant
Authorities cited
Cases cited (3)
- Freight Forwarders Ltd v Elsek & Elsek (K) Ltd
- Swila Resorts Limited v Universal Freight Logistics
- Medol Group Limited v Adrian Company Limited & Another
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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