Case ID:165429

David Kabori Rimberia v Summit Cove Lines Company Ltd & another [2020] eKLR

Case Metadata

Case Number:

Cause 115 of 2012

Parties:

David Kabori Rimberia v Summit Cove Lines Company Ltd & Joseph Muthama Kirema

Date Delivered:

26 Oct 2020

Case Class:

Civil

Court:

Employment and Labour Relations Court at Mombasa

Case Action:

Ruling

Judge(s):

James Rika

Citation:

David Kabori Rimberia v Summit Cove Lines Company Ltd & another [2020] eKLR

Advocates:

Akanga Alera & Associates Advocates for the Claimant

Mokaya Ogutu & Company Advocates for the Respondents

Court Division:

Employment and Labour Relations

County:

Mombasa

Advocates:

Akanga Alera & Associates Advocates for the Claimant

Mokaya Ogutu & Company Advocates for the Respondents

Case Outcome:

Application declined

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE INDUSTRIAL COURT

AT MOMBASA

CAUSE NUMBER 115 OF 2012

BETWEEN

DAVID KABORI RIMBERIA...............................................CLAIMANT

VERSUS

SUMMIT COVE LINES COMPANY LTD..............1

ST

RESPONDENT

JOSEPH MUTHAMA KIREMA..............................2

ND

RESPONDENT

Rika J

Court Assistant: Andrew Mwabanga

Akanga Alera & Associates Advocates for the Claimant

Mokaya Ogutu & Company Advocates for the Respondents

RULING

1. Judgment was delivered in favour of the Claimant, in the sum of Kshs. 700,000, on 28

th

March, 2019.

2. The Respondents filed an Application on 17

th

September, 2020, asking to be allowed to liquidate the decretal sum, in instalment, of Kshs. 100,000, effective 15

th

January, 2021.

3. The Application is based on the Affidavit of the 2

nd

Respondent herein, Joseph Muthama Kirema, sworn on 16

th

September, 2020.

4. Kirema explains that the Claimant filed a Notice of Appeal against the Judgment, but has not taken steps to prosecute the Appeal. The Respondents were surprised to receive warrants of attachment from the Claimant, on 14

th

September, 2020. The Respondents are willing to meet the decree, but their cargo transportation business, has been adversely affected by Covid-19 pandemic.

5. The Court has not traced any response to the Application, filed by the Claimant. On 8

th

October, 2020, Parties were directed to file Submissions, and the Application to be considered on the strength of the record. They filed their respective Submissions on 19

th

October, 2020.

The Court Finds

: -

6. Judgment was delivered over one year ago, some months before the emergence of Covid-19 pandemic.

7. The Respondents would have met the decree in full by October, 2019, if they paid instalments of Kshs. 100,000 monthly. That is, before the emergence of Covid-19.

8. The Notice of Appeal filed by the Claimant, did not amount to an order for stay of execution. It did not affect the Respondents’ obligation under the Judgment.

9. The Claim was filed in 2012 – 8 years ago. Settlement must not be delayed. By proposing to start payment in January, 2021, the Respondents are asking this Court to ignore the Claimant’s right to fair and expeditious administration of justice. There should be no further delay.

IT IS ORDERED

: -

a. The Application filed by the Respondents on 17

th

September, 2020 is declined.

b. No order on the costs.

Dated and delivered at Mombasa this 26

th

day of October, 2020.

James Rika

Judge