Moses Segite v Kenya Fluorspar Company Ltd [2020] KECA 90 (KLR)
The bottom line
#Kenya's Court of Appeal refused to delay judgment in an employment appeal because the party claiming a settlement could not prove one existed.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the parties had agreed to compromise the appeal so as to justify a stay of delivery of the judgment
Key legal issues
#Whether a Motion for stay of delivery of judgment could be granted on the basis of an alleged agreement to compromise the appeal
The application was dismissed because the alleged settlement was denied and unsubstantiated.
The appellant filed a Motion seeking stay of judgment on the ground that the parties had agreed to compromise the appeal, supported by an affidavit of a purported caretaker. The respondent denied any communication with the deponent and characterised the alleged settlement as founded on fraud. The court concluded that no agreement had been reached and found no merit in the application.
Legal principles established
#- A party seeking a stay of delivery of judgment on the basis of an alleged out-of-court settlement must demonstrate that agreement; where the other party denies it, the court will dismiss the application and proceed to deliver judgment.
Court orders
#- 1.The Motion dated 22nd October 2020 is dismissed with costs to the respondent
- 2.Judgment in the appeal shall be delivered on 19th February 2021
The bench
#One judgment of the whole court — no separate or dissenting opinions.
- On appeal from
- Employment and Labour Relations Court at Eldoret
- ELD. ELRC Appeal No. 2 of 2017
- Jurisdiction invoked
- Appellate jurisdiction of the Court of Appeal over the Employment and Labour Relations Court (interlocutory ruling)
Relief refused
#Stay of delivery of the judgment in the appeal
The court found no agreement to compromise the appeal existed; the claim of settlement was unfounded.
Costs
The Motion dated 22nd October 2020 was dismissed with costs to the respondent.
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
It is crystal clear to us that the parties have not reached any agreement to compromise the appeal. In the premises, the Motion dated 22nd October 2020 has no merit and is hereby dismissed with costs to the respondent.
Judgment in the appeal shall now be delivered on 19th February 2021. It is so ordered.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Moses Segite v Kenya Fluorspar Company Ltd [2020] KECA 90 (KLR)", Case Analysis (2020). Civil Appeal No. 141 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2020/90/eng@2020-12-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.