Muchungi v Green Belt Movement (Cause 1418 of 2017) [2022] KEELRC 3982 (KLR) (22 September 2022) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 3982
- Citation
- [2022] KEELRC 3982 (KLR)
- Decided
- 22 September 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabour DisputePostureApplication for Order to Liquidate Decretal Sum in Instalments
Holding
The court finds that the proposed instalment amount is too low and not reasonable, and the Respondent has not demonstrated bona fides in bringing up the application.
Facts
The Respondent (Green Belt Movement) seeks to liquidate a decree in instalments of Kshs 10,000 per month due to financial constraints and restricted donor funding. The Claimant (Lilian Muchungi) opposes the application.
Issues
- Whether the court can exercise discretion to allow the decretal sum to be liquidated in instalments of Kshs 10,000 per month
Reasoning
The court considers the provisions of Order 21 Rule 12 of the Civil Procedure Rules, 2010, and the case law on the discretion to allow payment of the decretal amount in instalments. The court concludes that the proposed instalment amount is unreasonable and the Respondent has not shown bona fides.
Outcome
The application is dismissed.
Authorities cited
Legislation (1)
- Civil Procedure Rules, 2010
Cases cited (3)
- Abdisalan Abdi Ali Ismail v Gilbert Abdi Ali & 2 others [2019] eKLR
- Hildegard Ndalat v Lelkina Dairies Limited & another [2005] eKLR
- Freight Forwarders Limited v Elsek [K] Limited [2012] eKLR
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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