David Kabori Rimberia v Summit Cove Lines Company Ltd & another [2020] eKLR Case Summary

Court
Industrial Court at Mombasa
Category
Civil
Judge(s)
Rika J
Judgment Date
October 26, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3

Case Brief: David Kabori Rimberia v Summit Cove Lines Company Ltd & another [2020] eKLR

1. Case Information:
- Name of the Case: David Kabori Rimberia v. Summit Cove Lines Company Ltd & Joseph Muthama Kirema
- Case Number: Cause Number 115 of 2012
- Court: Industrial Court at Mombasa
- Date Delivered: 26th October 2020
- Category of Law: Civil
- Judge(s): Rika J
- Country: Republic of Kenya

2. Questions Presented:
The central legal issues presented before the court were whether the Respondents should be allowed to liquidate the decretal sum in installments and whether the Claimant's Notice of Appeal constituted a stay of execution that would affect the Respondents' obligation to comply with the judgment.

3. Facts of the Case:
The Claimant, David Kabori Rimberia, filed a claim against the 1st Respondent, Summit Cove Lines Company Ltd, and the 2nd Respondent, Joseph Muthama Kirema, resulting in a judgment delivered in favor of the Claimant for Kshs. 700,000 on 28th March 2019. Following the judgment, the Respondents filed an application on 17th September 2020, requesting permission to pay the decretal sum in installments of Kshs. 100,000, starting from 15th January 2021. The 2nd Respondent, Kirema, stated that the Claimant had filed a Notice of Appeal but had not taken further steps to prosecute it. The Respondents claimed their business had been adversely affected by the COVID-19 pandemic, which impacted their ability to pay the judgment amount.

4. Procedural History:
The case began with the filing of the initial claim in 2012. After the judgment in March 2019, the Respondents sought to delay payment by filing an application in September 2020. The Court directed the parties to file submissions regarding the application, which were completed by 19th October 2020. The Court then considered the application based on the existing record.

5. Analysis:
- Rules: The court considered the principles of fair and expedient administration of justice, as well as the obligations of parties under a judgment. The court also noted that the Notice of Appeal filed by the Claimant did not serve as a stay of execution.

- Case Law: The court referred to the principle that a notice of appeal does not automatically stay execution of a judgment unless specifically ordered. This principle is grounded in ensuring that a claimant's right to timely enforcement of a judgment is upheld.

- Application: The court reasoned that the Respondents' obligation to fulfill the judgment was not negated by the filing of the Notice of Appeal. The judgment had been delivered well before the onset of the COVID-19 pandemic, and the Respondents had the ability to pay in installments prior to the pandemic's impact. The court emphasized the importance of not delaying justice for the Claimant, who had already waited eight years since the claim was filed.

6. Conclusion:
The court denied the Respondents' application to pay the decretal sum in installments, underscoring the need for timely justice and the Respondents' obligation to comply with the judgment. The ruling reaffirms the principle that a claimant's rights should not be delayed without substantial justification.

7. Dissent:
There were no dissenting opinions noted in the ruling.

8. Summary:
The court ruled against the Respondents' request to liquidate the judgment sum in installments, emphasizing the importance of expedient justice for the Claimant. The case highlights the court's stance on upholding judgments and the necessity for parties to fulfill their obligations in a timely manner, regardless of subsequent appeals or external circumstances such as the COVID-19 pandemic.

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