TotalEnergies has received a setback after the high court dismissed its application that sought further 21 days to implement a court decision that directed it to pay businessman Ernest Mwaura Sh4 million.
The leading supplier of petroleum and gas products company in East Africa had asked the court to extend time for them to comply with stay conditions issued by the High Court on November 10, 2023 by a further 21 days.
The court had on November 10, 2023 granted TotalEnergies a stay of execution of ruling and decree issued by magistrate Sammy Opande on condition that they deposit Sh4 million in a joint-earning account within 21 days.
However, the days lapsed before the company deposited the money.
The company alleged that the time lapsed prior to them obtaining internal approvals for the deposit.
While delivering his ruling on March 15 2024, Justice Lawrence Mugambi noted that TotalEnergies had not tabled any evidence before the court to show that they had reached out to the businessman either “in an effort to open the said bank account or to explain their predicament before the lapse of the time the court had given for compliance.”
“The long and short of this is that the application dated December 21,2023 is dismissed with cost to the respondent,” said Justice Mugambi.
TotalEnergies had on December 21, 2023 made an application to the high court to extend time for 21 days for them to comply with stay conditions issued on November 10, 2023.
They argued that they were ready and willing to comply with court orders and in that regard placed Sh4 million in a fixed deposit account denominated in the name of the parties pending the opening of a joint account in the name of the parties’ advocates.
They filed a notice of preliminary objection dated January 11, 2024 on the grounds that the application was subjudice.
Mwaura urged the court in his replying affidavit to strike out the application on grounds that it had already been determined by the same court on November 10, 2023.
“The appellant applied for a stay of execution which I object to. In a considered decision, this court allowed the stay on condition that the appellant deposits a sum of Sh4 million in an interest earning account in the joints names of counsel on record,” the businessman told the court.
He further told the court that the applicant had neither consulted him nor his counsel when they filed the application in court.
Mwaura urged the court to dismiss the application.
The judge said that the company had not given any justification in filing the application 21 days after the lapse of stay execution granted on November 10.
“The order for stay of execution having been granted on 10th November 2023, lapsed on December 1, 2023. The present application was filed on 21st December 2023, about three (3) weeks later. The applicants were well aware that the orders of this Court were time bound. No justification has been given for the 21 days delay in filing this application which under the circumstances is inordinate delay.”
Justice Mugambi said that in light of the submissions made by the applicant there are laid down protocols and structures within the applicant’s company for seeking such approvals and that nothing would have been easier to demonstrate the efforts put in place and the process that had culminated to the present application.
Justice Mugambi added that it was unfortunate that none of the above had been furnished in court.
The court further dismissed other grounds on the application including a text message sent to the respondent.
“The e-mail refers to the negotiations that had allegedly taken place via a text. Proof of such other means of communication have not been provided as evidence that the applicant engaged in such negotiations and is therefore difficult for this court to come to a finding that there was indeed such negotiations between the parties,” he said.
Email your news TIPS to Editor@kahawatungu.com or WhatsApp +254707482874
