Lens Charles Ndago & 4 others v Chemilil Out-Growers Ltd [2014] KEELRC 1127 (KLR)

Industrial Court of Kenya

3 July 2014

HWHellen Wasilwa

305 words in judgment

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The bottom line

Kenya's Industrial Court gave a sugar company just 30 days to pay the remaining Ksh 971,882 of a court award, refusing both a waiver and a six-month extension.

What this practically means

Executive summary

This was a chamber summons application dated 11.4.2014, filed during the court vacation under the Judicature Act Cap 8 and the High Court Practice and Procedure Rules Part 1 Rule 3, and supported by the affidavit of Ben Nyanga Aduol esq Advocate. The applicant had been ordered to deposit a decretal sum of Ksh 2,271,882/= into court and had so far deposited Ksh 1,300,000/=, leaving a balance of Ksh 971,882/=. The applicant sought orders that the amount already deposited be treated as sufficient, or alternatively that time for depositing the balance be enlarged to six months, citing problems currently affecting the sugar industry in Kenya. The respondents opposed the application as an abuse of court process, contending that no grounds for review had been laid and that no appeal had been filed, the time for appeal having expired. Considering both parties' averments, Hellen Wasilwa Judge exercised the court's discretion under Section 12(3)(vii) of the Industrial Court Act and, to serve the ends of justice, extended the time for depositing the remainder of the decretal sum by 30 days from the date of the order, failing which execution would proceed. The applicant thus obtained only partial relief: the balance remained payable and the six-month period sought was not granted. No costs order was recorded.

Key legal issues

Whether the court should enlarge time for deposit of the balance of the decretal sum

Holding

The court exercised its discretion under Section 12(3)(vii) of the Industrial Court Act and enlarged time by 30 days only, with default triggering execution

Reasoning

The applicant had deposited Ksh 1,300,000/= of the decretal sum of Ksh 2,271,882/=, leaving a balance of Ksh 971,882/=. The applicant attributed the inability to pay the balance to problems currently facing the sugar industry in Kenya. The respondents opposed, terming the application an abuse of process and noting that no appeal had been filed and time for appeal had expired. Balancing the parties' positions, the court granted an appropriate relief for the ends of justice but for a much shorter period than the six months sought, protecting the respondents by providing that execution would proceed in default.

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Legal principles established

The Industrial Court may exercise its discretion under Section 12(3)(vii) of the Industrial Court Act to enlarge time for deposit of a decretal sum in the interest of justice, with execution proceeding in default

Court orders

1.Time within which the applicants should deposit the remainder of the decretal sum extended by 30 days with effect from the date of the order
2.In default of the deposit within the enlarged period, execution to proceed

Authorities

Legislation

Judicature ActCap 8
High Court Practice and Procedure RulesPart 1 Rule 3
Industrial Court ActSection 12(3)(vii)

Jurisdiction invoked: Section 12(3)(vii) of the Industrial Court Act

Key timeline

Practical implications

Frequently asked questions

Cite this brief

Caselaw, "Lens Charles Ndago & 4 others v Chemilil Out-Growers Ltd [2014] KEELRC 1127 (KLR)", Case Analysis (2014). Application dated 11.4.2014. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2014/1127/eng@2014-07-03

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.