[2017] KEELRC 620 (KLR)
The court found that there was no legal ground to interfere with or review the ruling of 11th April 2014, which dismissed the claim as time-barred. The claimant's application was deemed completely misconceived, lacking any basis in law or fact to warrant review or setting aside of the previous decision. The court...
Source-derived case information.
- Citation
- [2017] KEELRC 620 (KLR)
- Parties
- Applicant: Boniface Inondi Otieno; Respondent: Mehta Electricals Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 290 of 2013
- Procedural Posture
- Review Application / Ruling on Application to Review and Set Aside Previous Dismissal
- Outcome
- application dismissed
- Judges
- J Rika
- Legal Topics
- Limitation of Actions, Review of Judgments, Vexatious Litigation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Boniface Inondi Otieno
Applicant
Mehta Electricals Ltd
Respondent
Procedural Posture
Review Application / Ruling on Application to Review and Set Aside Previous Dismissal
Legal Issues
- 1 Whether there is a legal basis to review and set aside the court's ruling dismissing the claim as time-barred.
- 2 Whether the claimant's application to declare the previous ruling a nullity is merited.
Ratio Decidendi
The court found that there was no legal ground to interfere with or review the ruling of 11th April 2014, which dismissed the claim as time-barred. The claimant's application was deemed completely misconceived, lacking any basis in law or fact to warrant review or setting aside of the previous decision. The court further noted the claimant's pattern of filing multiple applications in various courts, warning that such conduct could lead to a declaration of vexatious litigant status. Accordingly, the application was dismissed and the file closed.
Court Disposition
application dismissed
Orders
- The application dated 15th June 2017 is dismissed with no order on costs.
- File closed.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT AT MOMBASA
CAUSE NUMBER 290 OF 2013
BETWEEN
BONIFACE INONDI OTIENO………...…. CLAIMANT
VERSUS
MEHTA ELECTRICALS LTD……….. RESPONDENT
Rika J
Court Assistant: Benjamin Kombe
Claimant in Person
No appearance for the Respondent
____________________________
RULING
1. In a Ruling dated 11th April 2014, the Court dismissed the Claim filed herein, on the ground that it was filed out of time.
2. In an Application dated 15th June 2017, the Claimant seeks to have the Court’s Ruling ‘declared null and void or a nullity.’ He argues that the decision (Radido J), was not sound in law, and it should be reviewed, set aside, and the dispute heard in full.
3. The Claimant made his arguments in Court on 26th July 2017.
The Court Finds:-
4. There is no legal ground to interfere with the Ruling of 11th April 2014.
5. The Claimant’s Application is completely misconceived.
6. It is noted the Claimant has been to various Courts, filing all manner of Applications.
7. These multiple Applications could have the effect of the Claimant being declared a vexatious litigant.
IT IS ORDERED:-
a. The Application dated 15th June 2017 is dismissed with no order on the costs.
b. File closed.
Dated and delivered at Mombasa this 23rd day of October 2017.
James Rika
Judge