[2023] KEELRC 3052 (KLR)
The court declined to grant the application for reconstruction of the court file because there was no evidence of service of the application upon the respondent's counsel, and the status of the original file was unclear. The judge noted that the file may have been closed and archived, and directed the parties to...
Source-derived case information.
- Citation
- [2023] KEELRC 3052 (KLR)
- Parties
- Applicant: Benson Odero Ayieya; Respondent: National Bank of Kenya Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Cause E202 of 2023
- Procedural Posture
- Miscellaneous Cause / Ruling on Application for Reconstruction of Court File
- Outcome
- application dismissed
- Judges
- Nzioki wa Makau
- Legal Topics
- Reconstruction of Court File, Missing Court Records, Decretal Sum Payment Status
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benson Odero Ayieya
Applicant
National Bank of Kenya Limited
Respondent
Procedural Posture
Miscellaneous Cause / Ruling on Application for Reconstruction of Court File
Legal Issues
- 1 Whether the court file in Cause 964 of 2011 should be reconstructed due to its loss or misplacement.
- 2 Whether the applicant has demonstrated sufficient grounds for the reconstruction of the file.
- 3 Whether the respondent was properly served with the application for reconstruction.
Ratio Decidendi
The court declined to grant the application for reconstruction of the court file because there was no evidence of service of the application upon the respondent's counsel, and the status of the original file was unclear. The judge noted that the file may have been closed and archived, and directed the parties to check the archives and registers to confirm the file's location before making another attempt at reconstruction. The respondent must be involved in any future application. The application was dismissed with no order as to costs.
Court Disposition
application dismissed
Orders
- Application for reconstruction of court file dismissed.
- No order as to costs.
Full Case Text
Judgment text and source record
18 paragraphs
Ayieya v National Bank of Kenya Limited (Miscellaneous Cause E202 of 2023) [2023] KEELRC 3052 (KLR) (27 November 2023) (Ruling)
Neutral citation: [2023] KEELRC 3052 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Miscellaneous Cause E202 of 2023
Nzioki wa Makau, J
November 27, 2023
Between
Benson Odero Ayieya
Applicant
and
National Bank of Kenya Limited
Respondent
Ruling
1. The applicant seeks by way of his notice of motion application dated September 28, 2023 for the reconstruction of the court file 964 of 2011 – Benson Odero Ayieye v National Bank of Kenya Limited. He asserts the file is missing/misplaced or lost hence the request for reconstruction. It is unclear whether the Applicant was paid the decretal sum and what the position regarding the costs is. In 2016 when the Learned Judge granted the claimant (applicant herein) Kshs. 1,500/- as 1 month allowance and Kshs. 50,000/- as ex gratia payment as well as costs of the cause, there is no indication of any communication between the advocates for the claimant in the suit and the respondent.
2. There is also no affidavit of service on the court record indicating the service of the application upon the Respondent’s counsel. Granted the decision was made in 2016 and there is no clarity as to the actual status of the matter, I will decline to grant the prayers sought by the Applicant in his motion. The file may well have been closed and archived hence the inability to trace it. The parties are directed to revisit the archive and check on the Registers to confirm the location of the file before making another attempt to reconstruct. The respondent must be on board as well. Application dismissed with no order as to costs.
It is so ordered.
DATED AND DELIVERED AT NAIROBI THIS 27TH DAY OF NOVEMBER 2023Nzioki wa MakauJUDGEPage 1 of 1