Seo Moseog v Owners of Vessel "fv Ocean Snioer & Ocean Eagle" & 1 other

3. Further, there was recorded in this Honourable Court a consent order on 16 July 2024 on terms outlined in the said order.At the time of executing the consent, the Respondents paid USD 21,000 towards the claimant’s claim leaving a balance of USD 48,146 to be paid in monthly instalments. 4. The Respondents have, since the consent, made irregular and inconsistent payments, and to date have only paid a further USD 21,000, leaving a balance of USD 27,146.6. The consent order expressly provided for judicial sale of the vessels FV Sniper and FV Ocean Eagel in the event of default in payment. 5. Despite repeated demands, the respondents have failed to honour the consent and settle the outstanding balance. 6. The applicant swears that he has not been able to disembark from the vessel and has continued to serve onboard for the past 8 months since the consent was recorded. He swears that he is entitled to a monthly salary of USD 7,000, bringing his additional claim to USD 56,000 for the 8 months served. Accordingly, the total sum due is USD 83,146. 7. Naomi Torerei filed a replying affidavit opposing the application. She has introduced herself as a director of the defendant. Tororei has admitted that indeed a consent was recorded between the parties as alluded to by the applicant. According to the consent, parties agreed, among other things, on the mode of payment of the amount due to the claimant. 8. That notwithstanding, the respondent has continued to explore the possibility of settling the matter out of court. However, the respondent has faced significant financial challenges in the recent past which has made it difficult for the respondent to meet some of its financial obligations. 9. To be precise, the respondent has endeavoured to pay the claimant his outstanding salaries in monthly instalments. On 2 December 2024, for instance, the respondent paid the claimant USD 14,000. On 16 January 2024, the respondent paid the claimant a further USD 7,000. The respondent is ready and willing to settle the decretal sum in instalments. And on 27 May 2025, the respondent through its counsel requested the claimant to go and collect USD 7,000 from its Mombasa office, however, the claimant declined to receive the said payment. 10. The respondent has, however, denied that the claimant has worked for the last eight months. To the contrary, the respondent's fishing vessels Ocean Sniper and Ocean Eagle broke down in January 2024 and are berthed at Liwatoni-Mombasa. The respondent ofiered the Claimant accommodation in one of the vessels because he declined to return to his country of origin before receiving his outstanding salary arrears.On 27 July 2024, the respondent bought a flight ticket for the claimant to travel back to his country of origin but he declined to travel. 11. It is common ground that parties entered a consent which was eventually adopted as the order of this Honourable Court on 16 July 2024. To appreciate its import and considering the it is the consent that this application turns on, it is necessary that I reproduce it here; it reads as follows: “ We, the undersigned advocates should be grateful if you would kindly record the following by consent; By consent; l. Upon reconciliation of the pay statement against the Contract of employment and the Claim herein, the total sum due and payable to the Claimant (outstanding salary/wages together with bonuses) is USD 46,146.85 https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/18794/eng@2025-07-04 2

page 2 of 4

(including half pay for July, 2024 but exclusive of the air ticket) payable as follows; (a) USD 21,000 equivalent of three (3) month's salary shall be paid to the Claimant immediately upon recording and adoption of the consent including the agreed party party costs of USD 2,700 and in any case, before close of business on 16ᵗʰ July, 2024; (b) Upon recording of the consent, the Defendants shall also issue an air ticket to the Claimant (for a suitable date but in any case, not later than 19th July, 2024) for the repatriation of the Claimant back to his home country. Korea; The above and all subsequent sums shall be paid to the Claimant through the Claimant's advocates vide the bank details as below (for EFTs / RTGS): Bank: Access Bank Kenya Branch: Mombasa Bank Code: 026 Branch Code:002 Account Name: Odunga & Associates Account Number: 00202XXX Swift Code: ABNKENA 12. 2. The balance (USD 25,146.85) shall be paid on or before the 30th day of every succeeding month at USD 7,000 beginning the 30th August, 2024 until payment in full. 3. The Employment contract between the parties herein shall be deemed determined upon recording of this consent. 4. In default of any clause herein, the whole claim shall be deemed due and payable and the Claimant shall be at liberty to execute for any and an outstanding sum (by arrest and judicial sale of the Motor Fishing Vessel "Ocean Sniper" & "FV Ocean Eagle” or such other modes of execution the Claimants might deem fit). 5. The claim be settled on the above sum.” This consent is as good as self-executing to the extent that the claimant’s right of sale of the identified motor vessels automatically crystalised the moment the respondents or defendants defaulted on the agreed terms of the settlement of the claim. As long as the defendants have not discharged their part of the bargain, it does not matter, that they have made several efiorts to pay or that the claimant has neglected, ignored or refused to collect from the defendants a certain sum of money in part settlement of the claim. Neither does it matter that the defendants are undergoing what they have described “significant financial challenges” nor that they have been exploring an out of court settlement. In short, and needless to say, the defendants are bound by the terms of the consent. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/18794/eng@2025-07-04 3

page 3 of 4

13. The application is, thus, allowed to the extent that the applicant seeks to enforce the consent and also that the prayers sought are consistent with the consent order for the sale of the motor vessels for recovery the amounts stated therein. Thus, prayers 1 and 2 of the application are allowed. Prayer 3 of the application is declined as it was not part of the consent. In any event, according to clause 3 of the consent, the employment contract between the parties was determined upon recording the consent. The claimant will, however, have costs of the application. Orders accordingly. SIGNED, DATED AND DELIVERED ON 4 JULY 2025 NGAAH JAIRUS JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/18794/eng@2025-07-04 4

page 4 of 4