Case ID:201896

Khalwale & Co Advocates v Devyan Food Industries formerly Sameer Agriculture & Kivestock Company Limited (Miscellaneous Application E053 of 2021) [2022] KEELRC 3860 (KLR) (16 June 2022) (Ruling)

Case Metadata

Case Number:

Miscellaneous Application E053 of 2021

Parties:

Khalwale & Co Advocates v Devyan Food Industries formerly Sameer Agriculture & Kivestock Company Limited

Date Delivered:

16 Jun 2022

Case Class:

Court:

Employment and Labour Relations Court at Nairobi

Case Action:

Ruling

Judge(s):

Nzioki wa Makau

Citation:

Khalwale & Co Advocates v Devyan Food Industries formerly Sameer Agriculture & Kivestock Company Limited (Miscellaneous Application E053 of 2021) [2022] KEELRC 3860 (KLR) (16 June 2022) (Ruling)

Court Division:

Employment and Labour

County:

Nairobi

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

Khalwale & Co Advocates v Devyan Food Industries formerly Sameer Agriculture & Kivestock Company Limited (Miscellaneous Application E053 of 2021) [2022] KEELRC 3860 (KLR) (16 June 2022) (Ruling)

Neutral citation:

[2022] KEELRC 3860 (KLR)

Republic of Kenya

In the Employment and Labour Relations Court at Nairobi

Miscellaneous Application E053 of 2021

Nzioki wa Makau, J

June 16, 2022

Between

Khalwale & Co Advocates

Applicant

and

Devyan Food Industries formerly Sameer Agriculture & Kivestock Company Limited

Respondent

Ruling

1.

Before me for determination is the respondent/applicant’s Notice of Motion dated March 18, 2022. The application is premised on the grounds on the face of it and it seeks in the main the stay of taxation of the bill of costs in taxation in Miscellaneous Application no E052 of 2021, Miscellaneous Application no E053 of 2021 and Miscellaneous Application no E054 of 2021, Miscellaneous Application No. E055 of 2021, Miscellaneous Application no E056 of 2021, Miscellaneous Application no E057 of 2021 Miscellaneous Application no E058 of 2021, Miscellaneous Application no E060 of 2021 pending the hearing of the motion. The application is supported by the affidavit of Paul Maina advocate.

2.

The claimant/respondent is opposed and filed a replying affidavit sworn by Wilberforce Khalwale advocate. He deposes that the application is vexatious and an abuse of the court process as there have been two similar applications which the court has dismissed.

3.

The motion before the court is one that seeks the exact same orders as the one that precipitated the court’s ruling of November 18, 2021. The Notice of Motion dated March 18, 2022 is an abuse of the court process. Litigation must come to an end. The court rendered itself in a ruling, the respondent sought review which was not granted and now this. The motion being frivolous and vexatious and otherwise an abuse of the court process is dismissed with costs on the higher scale. Further, the court directs that the taxation of the cases being Miscellaneous Application no E052 of 2021, Miscellaneous Application no E053 of 2021 and Miscellaneous Application no E054 of 2021, Miscellaneous Application no E055 of 2021, Miscellaneous Application no E056 of 2021, Miscellaneous Application no E057 of 2021 Miscellaneous Application no E058 of 2021, Miscellaneous Application no E060 of 2021 do proceed next week on June 22, 2022 before the deputy registrar, the taxing master of the court. No applications for stay to be filed as the issue is now

res judicata

having been adjudicated upon ad nauseam.

It is so ordered.

DATED AND DELIVERED AT NAIROBI THIS 16

TH

DAY OF JUNE 2022

Nzioki wa Makau

JUDGE