[2018] KEELRC 411 (KLR)
The court found that the factual issues raised in the Claimant's application—specifically, the amounts owed and the relationships between the parties—cannot be determined without a full hearing of the main suit on its merits. Granting the orders sought at the interlocutory stage would amount to determining...
Source-derived case information.
- Citation
- [2018] KEELRC 411 (KLR)
- Parties
- Applicant: Augustine Bala Osogo & 157 Others; Respondent: Magrose Security Services Limited; Respondent: County Government of Homa Bay
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Cause 167 of 2017
- Procedural Posture
- Employment Cause / Ruling on Interlocutory Application
- Outcome
- application dismissed
- Judges
- MN Nduma
- Legal Topics
- Wage Claims, Interlocutory Applications, Third Party Liability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Augustine Bala Osogo & 157 Others
Applicant
Magrose Security Services Limited
Respondent
County Government of Homa Bay
Respondent
Procedural Posture
Employment Cause / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the 2nd Respondent should be compelled to disclose and deposit in court the amount owed to the 1st Respondent.
- 2 Whether the court should deduct the sum owed to the Claimant from the amount deposited by the 2nd Respondent before hearing the main suit.
Ratio Decidendi
The court found that the factual issues raised in the Claimant's application—specifically, the amounts owed and the relationships between the parties—cannot be determined without a full hearing of the main suit on its merits. Granting the orders sought at the interlocutory stage would amount to determining substantive rights without due process. Therefore, the application was dismissed as non-suited, and the Respondents were directed to file their statements of defence to enable the matter to proceed in the normal course.
Court Disposition
application dismissed
Orders
- The application is dismissed.
- Respondents to file statements of defence within 21 days.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT KISUMU
CAUSE NO. 167 OF 2017
(Before Hon. Justice Mathews N. Nduma)
AUGUSTINE BALA OSOGO & 157 OTHERS……………CLAIMANT
VERSUS
MAGROSE SECURITY SERVICES LIMITED……1ST RESPONDENT
COUNTY GOVERNMENT OF HOMA BAY ……...2ND RESPONDENT
RULING
1. The Claimant filed a Statement of claim dated 20th April, 2017 seeking payment of Kshs.14,800 being fees owed to the Claimant by the Respondents for services rendered.
2. The Claimant at the same time filed an urgent application seeking the 2nd Respondent to disclose to the court the total amount it owes the 1st Respondent and that 2nd Respondent be compelled to deposit in court the sum it owes the 1st Respondent and that the court deducts a sum of Kshs.14,800. 00 owed to the Claimant by the 1st Respondent from the sum deposited by the 2nd Respondent in court.
3. The factual issues raised in this application cannot be determined without hearing the main suit on merits.
4. The application is non-suited and is dismissed.
5. The Respondents are directed to file statements of defence to the suit within 21 days to allow the matter to take its normal cause.
Dated, Delivered and Signed in Kisumu this 20th day of December, 2018
Mathews N. Nduma
Judge
Appearances
Ken Omollo for the Claimant
M/s. Nyauke for 2nd Respondent
Chrispo – Court Clerk