Kiogora v Imetha Water & Sanitation Co Ltd & another (Miscellaneous Application E009 of 2022) [2023] KEELRC 2864 (KLR) (10 November 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 2864
- Citation
- [2023] KEELRC 2864 (KLR)
- Decided
- 10 November 2023
Summary at a glance
TypeMiscellaneous ApplicationPostureRespondent's Notice of motion brought under section 1A, 1B and 3A of the Civil Procedure Act, order 51 rule 1, and order 22 rule 25 of the Civil Procedure RulesCoramONESMUS N. MAKAU
The court finds the applicant's claim to be res judicata and dismisses the application.
Facts
The applicant, Stanley Kiogora, is facing financial stress and is unable to settle the decree of Kes 100,000 at once. The respondent, Imetha Water & Sanitation Co Ltd, and the intended respondent, Trident Insurance Co Ltd, are the parties involved.
Issues
- Whether the applicant's claim is res judicata.
- Whether a stay of execution should be granted pending the hearing and determination of the declaratory suit.
- Whether the decretal sum should be settled by instalments.
Reasoning
The court ruled that the applicant's previous application for stay was heard and finally decided by the court, making the current application res judicata.
Outcome
The application is dismissed.
Orders
- The court directs the applicant to deposit the whole decretal sum in court pending hearing of the suit against the insurance company.
Authorities cited
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