[2014] KEHC 7617 (KLR)
The court found that the respondent's defence raised triable issues, specifically regarding the amounts payable to the applicants and the employment eligibility of the 2nd applicant. These issues are not obvious or frivolous and require proof at a full hearing. Consequently, the application to strike out the defence...
Source-derived case information.
- Citation
- [2014] KEHC 7617 (KLR)
- Parties
- Applicant: Benta Adhiambo Ochoro; Applicant: Mathew Kinyuru Ndegwa; Respondent: Charles Lutta Kasamani T/A Kasamani & Co. Advocates
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Cause 206 of 2013
- Procedural Posture
- Employment Cause / Ruling on Application to Strike Out Defence
- Outcome
- application dismissed
- Judges
- HS Wasilwa
- Legal Topics
- Summary Dismissal, Strike Out of Pleadings, Triable Issues, Employment Eligibility
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Benta Adhiambo Ochoro
Applicant
Mathew Kinyuru Ndegwa
Applicant
Charles Lutta Kasamani T/A Kasamani & Co. Advocates
Respondent
Procedural Posture
Employment Cause / Ruling on Application to Strike Out Defence
Legal Issues
- 1 Whether the respondent's defence raises any triable issues warranting a full hearing.
- 2 Whether the defence is frivolous and an abuse of court process and should be struck out.
Ratio Decidendi
The court found that the respondent's defence raised triable issues, specifically regarding the amounts payable to the applicants and the employment eligibility of the 2nd applicant. These issues are not obvious or frivolous and require proof at a full hearing. Consequently, the application to strike out the defence lacked merit and was dismissed, allowing the case to proceed to full hearing.
Court Disposition
application dismissed
Orders
- The application to strike out the defence is dismissed.
- The case shall proceed for full hearing.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT OF KENYA AT KISUMU
CAUSE NO. 206/2013
(BEFORE HON. JUSTICE HELLEN WASILWA ON 13TH FEBRUARY, 2014)
BENTA ADHIAMBO OCHORO
MATHEW KINYURU NDEGWA .......................... CLAIMANTS
-VERSUS-
CHARLES LUTTA KASAMANI
T/A KASAMANI & CO. ADVOCATES ............ RESPONDENT
R U L I N G
The application in court is the one dated 4. 11. 2013 filed by the applicant claimants herein for orders that the defence filed herein by the respondent raises no triable issues, is frivolous and an abuse of the court process. They aver that the response is a mere denial and should therefore be struck out.
The respondent on his part contends that his defence raises triable issues among them the amounts payable to applicants if any and the ability of 2nd applicant to take up employment at respondent's firm given his inactive status with the Law Society of Kenya.
After hearing the parties suits, I find that the issues raised by respondents are triable and need to be proved. It cannot be assumed that they are obvious.
I find the application has no merit and I dismiss it and order that the case proceeds for full hearing.
HELLEN WASILWA
JUDGE
13/2/2014
Appearances:-
Ondego for claimants present
Kasamani for respondent present
CC. Wamache