[2020] KEHC 9036 (KLR)
The High Court found that the trial court erred in upholding the preliminary objection on the ground of sub judice. The court determined that the subject matter and parties in the Eldoret Employment and Labour Court case were not identical to those in the present suit. Consequently, the doctrine of sub judice did...
Source-derived case information.
- Citation
- [2020] KEHC 9036 (KLR)
- Parties
- Appellant: Caroline Jebiwot Kipchoge; Respondent: Safaricom Limited; Respondent: The Kenya Power and Lighting Co. Ltd.
- Court
- High Court
- Court Station
- High Court at Kabarnet
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 5 of 2019
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal_allowed
- Judges
- EM Muriithi
- Legal Topics
- Sub Judice, Preliminary Objection, Appeals Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Caroline Jebiwot Kipchoge
Appellant
Safaricom Limited
Respondent
The Kenya Power and Lighting Co. Ltd.
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the suit was sub judice by virtue of a previous suit in the Eldoret Employment and Labour Court.
- 2 Whether the trial court erred in upholding the preliminary objection and dismissing the appellant's suit.
Ratio Decidendi
The High Court found that the trial court erred in upholding the preliminary objection on the ground of sub judice. The court determined that the subject matter and parties in the Eldoret Employment and Labour Court case were not identical to those in the present suit. Consequently, the doctrine of sub judice did not apply, and the appellant's suit should not have been dismissed at the preliminary stage. The court set aside the trial court's ruling and directed that the appellant's suit proceed to hearing on its merits.
Court Disposition
appeal_allowed
Orders
- The appellant’s appeal is allowed.
- The 1st respondent’s cross-appeal is rejected.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KABARNET
CIVIL APPEAL NO. 5 OF 2019
CAROLINE JEBIWOT KIPCHOGE...........................................APPELLANT
=VERSUS=
SAFARICOM LIMITED......................................................1ST RESPONDENT
THE KENYA POWER AND LIGHTING CO. LTD.........2ND RESPONDENT
[Being an appeal from the Ruling of the Senior Principal Magistrate’s Court
at KabarnetPMCC. No. 32 of 2018 delivered on the 13th day of February 2019,
by Hon. V.O. Amboko, RM]
JUDGMENT
1. Save for the different appellant herein the pleadings, evidence and submissions of the parties are similar to the related appeal Kabarnet HCCA No. 4 of 2019, CHARLES ONCHARI OGOTI VERSUS SAFARICOM LIMITED AND THE KENYA POWER AND LIGHTING CO. LTD., respecting a ruling with respect to a Preliminary Objection as to the suit herein being sub judice by virtue of a previous suit Eldoret Employment and Labour Court No. 156 of 2018.
2. For the reasons set out in the Civil Appeal No. 4 of 2019, the Court makes the following orders:
1. The appellant’s appeal is allowed.
2. The 1st respondent’s cross-appeal is rejected.
3. The trial court’s ruling, order and decree of 13th February 2019, the subject of the appeals herein, are set aside.
4. The appellant’s suit herein Kabarnet S.P.M.C.C.C. NO. 32 of 2018 against the 1st and 2nd Respondents shall proceed to hearing on dates to be fixed in consultation with the parties before the trial court.
3. The costs of the appeal shall be costs in the suit.
Order accordingly.
DATED AND DELIVERED THIS 22ND DAY OF JANUARY 2020.
EDWARD M. MURIITHI
JUDGE
Appearances:
M/S Onyinkwa & Co. Advocates for the Appellant.
M/S Meritad Law Africa LLP., Advocates for the 1st Respondent.
M/S Kibichiy & Co. Advocates for the 2nd Respondent.