Uwanami v Maxiguard Equities Limited & another [2025] KEELRC 1094 (KLR) | Execution Of Decree | Esheria

Uwanami v Maxiguard Equities Limited & another [2025] KEELRC 1094 (KLR)

Full Case Text

Uwanami v Maxiguard Equities Limited & another (Cause E303 of 2014) [2025] KEELRC 1094 (KLR) (4 April 2025) (Ruling)

Neutral citation: [2025] KEELRC 1094 (KLR)

Republic of Kenya

In the Employment and Labour Relations Court at Nakuru

Cause E303 of 2014

J Rika, J

April 4, 2025

Between

George Shitoko Uwanami

Claimant

and

Maxiguard Equities Limited

1st Respondent

Catholic Diocese of nakuru

2nd Respondent

Ruling

1. The Court gave a ruling dated 28th February 2025, on two applications brought by the 1st Respondent.

2. It was noted that this is an old Claim, and the 1st Respondent had in the past, given an undertaking to satisfy the decree through monthly instalments of Kshs. 10,000.

3. There is absolutely no reason why the 1st Respondent did not satisfy decree, which necessitated the Claimant to apply for execution.

4. There is no reason why the 1st Respondent should file multiple applications seeking stay of execution of decree.

5. The application dated 21st March 2025, has only been placed before the Court 2 weeks later, on 4th April 2025, and cannot be urgent.

6. The 1st Respondent states that proclamation was made on its goods on 17th March 2025, and attachment would take place after 7 days, which would be effective 24th March 2025.

7. There is nothing to be stayed by this Court.

8. The application is declined, and this file opened in 2014, shall now be marked as closed.

9. A copy of the ruling to be availed to all the parties.

DATED, SIGNED AND DELIVERED ELECTRONICALLY AT NAKURU, THIS 4TH DAY OF APRIL 2025. JAMES RIKAJUDGE