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Court of AppealDismissedCivil Appeal No. 141 of 2017· [2020] KECA 90 (KLR)
Moses Segite v Kenya Fluorspar Company Ltd
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·~1 min to read original · ~4 min briefThe bottom line
#Kenya's Court of Appeal refused to delay judgment in an employment appeal because the party claiming a settlement could not prove one existed.
What this practically means
#Executive summary
#This is an interlocutory ruling of the Court of Appeal at Nairobi (Nambuye, Karanja and M'inoti, JJ.A.) in Civil Appeal No. 141 of 2017, an appeal by Moses Segite against the judgment and decree of the Employment and Labour Relations Court at Eldoret (Radido, J.) dated 29th September 2017 in ELD. ELRC Appeal No. 2 of 2017. The appeal was heard on 14th July 2020 with judgment reserved for 6th November 2020. Before delivery, the appellant filed a Motion on Notice dated 22nd October 2020 seeking a stay of the judgment, asserting that the parties had agreed to compromise the appeal on agreed terms, supported by an affidavit of a purported caretaker, Kibor Some Samoei. The respondent opposed, denying any agreement and any communication with the deponent, and alleged the claimed settlement was a misconception based on fraud. The court agreed that no compromise existed, dismissed the Motion with costs to the respondent, and directed that judgment in the appeal be delivered on 19th February 2021. The decision below was not disturbed at this stage; the substantive judgment was awaited. The ruling is of limited precedential significance, mainly underscoring that allegations of settlement must be substantiated where denied.
Key legal issues
#01
Whether a Motion for stay of delivery of judgment could be granted on the basis of an alleged agreement to compromise the appeal
Holding
The application was dismissed because the alleged settlement was denied and unsubstantiated.
Reasoning
The appellant filed a Motion seeking stay of judgment on the ground that the parties had agreed to compromise the appeal, supported by an affidavit of a purported caretaker. The respondent denied any communication with the deponent and characterised the alleged settlement as founded on fraud. The court concluded that no agreement had been reached and found no merit in the application.
p. 1
Legal principles established
#- A party seeking a stay of delivery of judgment on the basis of an alleged out-of-court settlement must demonstrate that agreement; where the other party denies it, the court will dismiss the application and proceed to deliver judgment.
Court orders
#- 1.The Motion dated 22nd October 2020 is dismissed with costs to the respondent
- 2.Judgment in the appeal shall be delivered on 19th February 2021
- On appeal from
- Employment and Labour Relations Court at Eldoret
- ELD. ELRC Appeal No. 2 of 2017
- Jurisdiction invoked
- Appellate jurisdiction of the Court of Appeal over the Employment and Labour Relations Court (interlocutory ruling)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Moses Segite v Kenya Fluorspar Company Ltd", Case Analysis (2020). Civil Appeal No. 141 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2020/90/eng@2020-12-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.