Automated Summary
Key Facts
Trailink Group Limited sought a stay of execution for a 2019 ruling and 2020 taxation proceedings against Kenya Long Distance Truck Drivers and Allied Workers Union, citing procedural irregularities like lack of notice to counsel and inordinate delay. The Respondent argued the application was an abuse of process, noting prior conditional stays and existing appeals. The court dismissed the application, finding no merit and that it was filed too late, violating procedural timelines.
Issues
- The court assessed whether it was functus officio in considering the stay application, given prior rulings on similar prayers and the Applicant's existing appeals against the 2017 judgment and 2019 ruling. The Respondent argued the court had already addressed the matter, and the Applicant's delay rendered the application incompetent.
- The court determined whether the Applicant was entitled to a stay of execution of the decree arising from the 20th December 2019 ruling, pending the filing of an application for review. The Applicant argued for a stay due to lack of notice and procedural irregularities, while the Respondent contended the application was an abuse of process and the court was functus officio.
- The court examined if the Applicant's repeated applications for stay and the lack of submissions in this case amounted to an abuse of process. The Respondent cited prior dismissals and the Applicant's failure to comply with court orders as evidence of procedural misconduct and delay.
Holdings
The court dismissed the Applicant's application for a stay of execution, finding it to be an abuse of the court process. The Applicant had previously filed similar applications seeking stays, which were already dismissed by the court. The court emphasized that the Applicant's repeated applications were a delaying tactic and lacked merit, particularly noting the inordinate delay in filing the current application over nine months after the relevant ruling. The court also confirmed that the Applicant's right to seek a review was barred by its prior appeal against the same ruling.
Remedies
The court dismissed the Applicant's application dated 14th August 2020 and ordered that it be decided with costs.
Monetary Damages
32616329.00
Legal Principles
- The court applied Costs Principles, noting that objections to taxation must be filed via reference within 14 days, and the applicant's failure to do so was a procedural defect.
- The court applied the principle of Res Judicata, determining that the applicant's prior appeal rendered the review application invalid, as a party cannot both appeal and seek review of the same decision.
- The court found the application to be an abuse of process due to the applicant's repeated attempts to delay execution and failure to comply with prior court orders.
Precedent Name
- Orero v Seko
- Njagi Wanjeru & Co. Advocates v Ben Momanyi t/a Momanyi & Co Associates
- Kisya v Attorney General
- B. M. Mungata & Co. Advocates v Peter Mwangi Wanjohi
- Alfred Ochienq Opiyo t/a Ochienq Opiyo & Co Advocates v Export Hydro Pump & Services (Africa) Ltd
Cited Statute
- Civil Procedure Act
- Advocates (Remuneration) Order
- Civil Procedure Rules
Judge Name
- Radido
- Maureen Onyango
Passage Text
- I would therefore agree with the Respondent that the instant application is an abuse of Court process.
- the Court has rendered several rulings on similar prayers before, notably the ruling dated 5th March 2021 wherein the application for stay of execution dated 18th December 2020 seeking similar orders was dismissed.
- Based on the findings above, I find the application dated 14th August 2020 to be devoid of merit and proceed to dismiss the same with costs.