Teresiah Wanjiru Ndegwa v Barclays Bank Limited [2020] KEELRC 77 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 77
- Citation
- [2020] KEELRC 77 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeLabour DisputePostureRespondent's Application for Stay of Execution and Setting Aside of Decree and WarrantsCoramHon Lady Justice Hellen Wasilwa
Holding
The court finds that the decree is not in tandem with the Judgment and that the applicants have proceeded to carry out execution despite the absence of a draft decree.
Facts
The applicant, Teresiah Wanjiru Ndegwa, sought orders to stay execution and set aside a decree and warrants issued by the Deputy Registrar, claiming irregularity and errors in the assessment of costs.
Issues
- Irregularity of the decree and warrants
- Failure to afford the other party an opportunity to consider and approve a draft decree
- Interest on the decretal sum
Reasoning
The court held that the court did not pronounce the issue of interest in the decretal sum in its Judgment, thus Section 26(2) of the CPA came into play, ordering interest at 6% per annum.
Outcome
The court allowed the respondents to correct their mistake and share a draft decree for payment, with the applicants to proceed with execution if there is no payment.
Orders
- Allow the respondents to correct their mistake and share a draft decree for payment
- Give the respondents 2 weeks to correct this omission
Remedies
- Allow execution to proceed if there is no payment
Authorities cited
Legislation (1)
- Section 26(2) of the CPA
Cases cited (2)
- David Makau vs Muau Ndenda CA 72 of 2004
- BOG Tambach Teachers Training College
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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