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ELRCAllowedEldoret CMCC No. 767 of 2016 (referenced suit); instant suit application dated 24th August 2023· [2024] KEELRC 1111 (KLR)

Ireri v New Kenya Cooperative Cremeries Ltd (Cause 113 of 2017) [2024] KEELRC 1111 (KLR)

Employment and Labour Relations Court
8 May 2024
MOMaureen Onyango
1,198 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~5 min to read original · ~4 min brief

The bottom line

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A Kenyan court allowed a company to offset money it owed a former litigant against costs she owed it, using cross-decree attachment rules.

What this practically means

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Executive summary

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The Respondent, New Kenya Cooperative Cremeries, brought an application dated 24th August 2023 under section 38 of the Civil Procedure Act and Order 22 rules 14 and 47(1) of the Civil Procedure Rules seeking attachment of the decree issued in its favour in this suit in satisfaction of a costs decree of Kshs 203,847 arising from Eldoret CMCC No. 767 of 2016, Josephine Gicuki Ireri v A.G and the Respondent, in which the Claimant's suit for malicious prosecution and unlawful confinement was dismissed with costs on 2nd February 2021. The Respondent deposed that the Claimant's whereabouts were unknown and a warrant of arrest in force had proved impossible to execute. The Claimant opposed via grounds of opposition, contending that under Order 22 rule 14(1) such orders lie only where the cross-decrees are of equal sum or where the decree holder of the larger sum executes, and that the Respondent had not met the threshold. The court canvassed the application by written submissions and framed a single issue: whether the decree in the instant suit could be attached in settlement of the decree owed by the Claimant to the Respondent in the subordinate court suit. Noting the undisputed costs debt of Kshs 203,847, the decree in the Claimant's favour of Kshs 522,457 plus assessed costs of Kshs 251,700, and the Claimant's default and untraceable whereabouts, the court held the Respondent met all conditions in Order 22 rule 14 and allowed the application, ordering attachment of the decree herein to the extent of Kshs 203,847, with each party bearing its own costs of the application.

Key legal issues

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Whether the conditions in Order 22 rule 14 for attachment of decrees in respect of cross-decrees were met

Holding

The court found that the Respondent met all the conditions in Order 22 rule 14: the parties filled the same characters in both suits, the sums were definite, and the Claimant did not dispute owing the Respondent Kshs 203,847 in assessed costs.

Reasoning

The court noted it was undisputed that the Claimant owed the Respondent Kshs 203,847 being costs assessed in Eldoret CMCC No. 767 of 2016. There was a decree in favour of the Claimant against the Respondent in this suit for Kshs 522,457 plus costs, with a certificate of assessed costs of Kshs 251,700. The Respondent had been unable to execute against the Claimant, whose whereabouts were unknown and against whom a warrant of arrest was in force. The cross-decree conditions under Order 22 rule 14 were therefore satisfied.

p. 3

Legal principles established

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  • Where cross-decrees between the same parties are unequal, execution may be taken out only by the holder of the decree for the larger sum, for so much as remains after deducting the smaller sum, with satisfaction entered on both decrees.

Court orders

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  1. 1.An order attaching the decree herein in satisfaction of the judgment/decree made on 2nd February 2021 in favour of the Respondent in Eldoret CMCC No. 767 of 2013, Josephine Gicuki Ireri v A.G and New Kenya Cooperative Cremeries, to the tune/extent of Kshs 203,847
  2. 2.Each party shall bear its costs of this application

Authorities

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Legislation

  • Civil Procedure ActSection 38
  • Civil Procedure RulesOrder 22 rule 14
  • Civil Procedure RulesOrder 22 rule 47(1)
  • Civil Procedure RulesOrder 49 rule 7(b)
Jurisdiction invoked
Sections 38 of the Civil Procedure Act and Order 22 rule 14, Order 22 rule 47(1) and Order 49 rule 7(b) of the Civil Procedure Rules

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, "Ireri v New Kenya Cooperative Cremeries Ltd (Cause 113 of 2017) [2024] KEELRC 1111 (KLR)", Case Analysis (2024). Eldoret CMCC No. 767 of 2016 (referenced suit); instant suit application dated 24th August 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/1111/eng@2024-05-08

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