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ELRCDismissedCause No. 2181 of 2014 (Application dated 5th April 2018)· [2019] KEELRC 2431 (KLR)

Trailink Group Ltd v Kenya Long Distance Truck Drivers & Allied Workers Union [2019] KEELRC 2431 (KLR)

Employment and Labour Relations Court
24 January 2019
HWHellen Wasilwa
1,528 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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What this practically means

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Executive summary

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The Claimant, Trailink Group Ltd, moved the Employment and Labour Relations Court by an application dated 5th April 2018 seeking stay of further proceedings in Cause No. 2181 of 2014 and a stay of computation of award pending the hearing and determination of Nairobi Court of Appeal Civil Appeal No. 88 of 2018. The Claimant argued that the pending appeal raised weighty legal issues, that no computation had been filed as ordered, and that execution of a decree of approximately KShs. 32.6 million would render the appeal nugatory. The Respondent Union opposed, contending the application was incompetent, repetitive of a prior application dismissed by Radido J as an abuse of process, that the earlier conditional stay (dependent on deposit of the decretal sum in a joint interest-earning account) was never complied with, that the trial court was functus officio, and that the applicant had come with unclean hands by refusing to honour the Recognition Agreement. The Respondent relied on authorities including Chesilyot Enterprises Ltd v Co-operative Bank and Anders Bruel v Nyambura Musyimi. Wasilwa J held that the only proceedings pending were taxation of the bill of costs and execution, which were substantially similar to the previously determined stay application, which had been granted conditionally and whose conditions were never met. The Court found the application an abuse of process and held that, having filed an appeal, the Claimant's remedy lay before the Court of Appeal. The application was dismissed with costs to abide the outcome of the appeal.

Key legal issues

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01

Whether to stay proceedings pending appeal

Holding

The application was dismissed as an abuse of the court process since a similar stay had already been determined and the appeal was pending before the Court of Appeal, which is the proper forum.

Reasoning

The Court noted that stay orders had previously been granted conditionally on deposit of the decretal sum in a joint interest-earning account, a condition never met. A review application was dismissed. The only proceedings pending were taxation of the bill of costs and execution, making the present application a repetition of the earlier one. Having filed an appeal, the applicant's remedy lay before the Court of Appeal, not the trial court.

p. 3
02

Whether stay of computation of award should issue

Holding

Refused; both parties had not filed computation proceedings as ordered, and no sufficient ground justified staying computation pending the appeal.

Reasoning

The claimant argued that no competent decree existed for want of computation and approval as ordered by the trial court. The respondent countered that it had exchanged numerous letters and invited the claimant to a sit-down to mutually compute the award, which was turned down. The Court found the application repetitive of earlier determinations and thus not meritorious.

p. 3

Legal principles established

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  • Where an appeal has been filed, the proper forum for seeking stay of proceedings in the trial court matters is the appellate court; a repeat stay application in the trial court is an abuse of process.

Court orders

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  1. 1.The application dated 5th April 2018 is dismissed
  2. 2.Costs to abide the outcome of the appeal if at all

Authorities

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Legislation

  • Employment and Labour Relations Court ActSection 12
  • Employment and Labour Relations Court RulesRule 17
  • Court of Appeal RulesRule 5(2)(b)

Cases cited (4)

  • Daniel Walter Rasugu Nbi HCCC No. 15 of 2006
  • Global Tours & Travel Limited; Nairobi HC Winding Cause No. 43 of 2000
  • Chesilyot Enterprises Ltd vs. Co-operative Bank (K)(Ltd)
    [2008] eKLR
  • Anders Bruel T/A Queenscross Aviation vs. Nyambura Musyimi & 2 Others
    [2015] eKLR
Jurisdiction invoked
Section 12 of the Employment and Labour Relations Court Act, 2007 and Rule 17 of the Employment and Labour Relations Court Rules, 2016

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Trailink Group Ltd v Kenya Long Distance Truck Drivers & Allied Workers Union [2019] KEELRC 2431 (KLR)", Case Analysis (2019). Cause No. 2181 of 2014 (Application dated 5th April 2018). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/2431/eng@2019-01-24

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