[2013] KEELRC 12 (KLR)
The Court held that there was no reason to decline the Respondent's application to amend its Statement of Response. The legal framework grants the Court discretion to allow amendments to pleadings, and the issue of limitation is central to the validity of the claim. The Claimant would not be prejudiced, as he would...
Source-derived case information.
- Citation
- [2013] KEELRC 12 (KLR)
- Parties
- Claimant: Charles Bob Odhiambo Owuonda; Respondent: Kenindia Assurance Company Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 790 of 2013
- Procedural Posture
- Employment Cause / Ruling on Application to Amend Statement of Response
- Outcome
- application to amend statement of response allowed
- Judges
- J Rika
- Legal Topics
- Amendment of Pleadings, Limitation of Actions, Court Discretion
- 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
Charles Bob Odhiambo Owuonda
Claimant
Kenindia Assurance Company Limited
Respondent
Procedural Posture
Employment Cause / Ruling on Application to Amend Statement of Response
Legal Issues
- 1 Should the Respondent be granted leave to amend its Statement of Response to include a defence of limitation under section 90 of the Employment Act 2007?
- 2 Does the Court have discretion to allow such amendments at this stage of proceedings?
Ratio Decidendi
The Court held that there was no reason to decline the Respondent's application to amend its Statement of Response. The legal framework grants the Court discretion to allow amendments to pleadings, and the issue of limitation is central to the validity of the claim. The Claimant would not be prejudiced, as he would have the opportunity to file his own amendments and respond to the new issue. The amendment would facilitate the just determination of the dispute. Accordingly, the application to amend was allowed, and the Draft Amended Statement of Response was deemed properly filed and served upon payment of the requisite filing fees. The Claimant was granted leave to file and serve an...
Court Disposition
application to amend statement of response allowed
Orders
- The application dated 7th November 2013 is allowed.
- The Draft Amended Statement of Response attached to the Application shall be deemed as properly filed and served upon the Respondent’s payment of the requisite Court filing fees.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT AT NAIROBI
CAUSE NUMBER 790 OF 2013
BETWEEN
CHARLES BOB ODHIAMBO OWUONDA…………………………CLAIMANT
VERSUS
KENINDIA ASSURANCE COMPANY LIMITED…………..……RESPONDENT
Rika J
CC. Ann
Ms. Nyika holding brief for Olalo instructed by Rachier & Amollo Advocates for the Claimant
Ms. Otaba instructed by Hamilton Harrison & Matthews Advocates for the Respondent
RULING
This is a ruling on an application made by the Respondent dated 7th November 2013, seeking to amend its Statement of Response.
The application is based on the affidavit of Regina Kitheka, Chief Manager, Legal Department of the Respondent, sworn on 7th November 2013.
The Draft Amended Statement of Response marked as ‘RK1’, seeks to include the defence of limitation of the action, under section 90 of the Employment Act 2007.
The application was heard on 11th December 2013.
The respective parties’ Advocates appear to have focused on the issue of limitation of time, which should not have been the case. The issue presently before this Court is whether amendment to the Statement of Claim should be allowed.
The Court does not see any reason why amendment should be declined. The Industrial Court Act 2011 and the Industrial Court (Procedure) Rules 2010 under which the application is made, grant the Court discretion in determining applications to amend pleadings. Secondly, the issue sought to be included in the Statement of Response, is an issue the Court could raise on its own motion, and goes to the heart of the validity of the Claim. Thirdly, the Claimant has the opportunity to file his own Amendments, and answer to the issue raised by the Respondent in its proposed Amendments.
For these reasons:-
The application dated 7th November 2013 is allowed.
The Draft Amended Statement of Response attached to the Application shall be deemed as properly filed and served upon the Respondent’s payment of the requisite Court filing fees.
The Claimant shall have leave of 14 days to file and serve an Amended Statement of Claim upon notice from the Respondent of its compliance to order (b).
Parties may schedule the dispute for hearing at the Registry on closure of the pleadings.
Dated and delivered at Nairobi this 17th day of December 2013
James Rika
Judge