[2025] KEELRC 1154 (KLR)
The court found that the claimant admitted to the existence of a previous suit, Mombasa ELRC Cause No. E077 of 2021, involving the same parties and cause of action. That suit was dismissed for want of prosecution, which constitutes a final determination on the merits for the purposes of res judicata. Under Section 7...
Source-derived case information.
- Citation
- [2025] KEELRC 1154 (KLR)
- Parties
- Applicant: Chizi Chigulo Chiro; Respondent: County Government of Mombasa (Department of Health Services, Coast General & Referral Hospital)
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause E067 of 2024
- Procedural Posture
- Cause / Ruling on Preliminary Objection and Dismissal
- Outcome
- suit dismissed for being res judicata and an abuse of court process
- Judges
- M Mbarũ
- Legal Topics
- Res Judicata, Sub Judice, Abuse of Court Process, Dismissal for Want of Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Chizi Chigulo Chiro
Applicant
County Government of Mombasa (Department of Health Services, Coast General & Referral Hospital)
Respondent
Procedural Posture
Cause / Ruling on Preliminary Objection and Dismissal
Legal Issues
- 1 Whether the present suit is barred by the doctrine of res judicata due to the existence and dismissal of a previous suit on the same cause of action.
- 2 Whether the claimant's filing of a new suit after dismissal of the previous one for want of prosecution constitutes an abuse of court process.
Ratio Decidendi
The court found that the claimant admitted to the existence of a previous suit, Mombasa ELRC Cause No. E077 of 2021, involving the same parties and cause of action. That suit was dismissed for want of prosecution, which constitutes a final determination on the merits for the purposes of res judicata. Under Section 7 of the Civil Procedure Act, the claimant is barred from re-litigating the same issues. The court further held that the claimant's failure to prosecute the present suit and the attempt to duplicate proceedings amounts to an abuse of the court process. Consequently, the suit was dismissed with costs awarded to the respondent.
Court Disposition
suit dismissed for being res judicata and an abuse of court process
Orders
- The suit is dismissed.
- Costs awarded to the respondent.
Full Case Text
Judgment text and source record
22 paragraphs
Chiro v County Government of Mombasa ((Department of Health Services, Coast General & Referral Hospital)) (Cause E067 of 2024) [2025] KEELRC 1154 (KLR) (24 April 2025) (Ruling)
Neutral citation: [2025] KEELRC 1154 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Mombasa
Cause E067 of 2024
M Mbarũ, J
April 24, 2025
Between
Chizi Chigulo Chiro
Claimant
and
County Government of Mombasa
Respondent
(Department of Health Services, Coast General & Referral Hospital)
Ruling
1. The claimant filed the claim on 16 July 2024 and, at paragraph (3), admits that Mombasa ELRC Cause No. E077 of 2021 is pending determination on a similar matter to his claim.
2. In reply, the respondent filed the Memorandum of Response dated 3 October 2024 and raised objections that the claim is devoid of merit as a similar suit exists and has since been determined. The admissions that there is the Mombasa ELRC Cause No. E077 of 2021, based on the same issues and relating to he claimant and other persons, is evidence of the matter before res judicata and sub judice.
3. The claimant has not attended to this matter since the response and the noted objections.
4. The respondent attended and filed written submissions and reiterated that the existence of a similar matter that has since been dismissed for want of prosecution cannot be used by the claimant to file another suit similar to the one dismissed. The act of dismissal addressed the claim with finality.
5. On his admission, the suit herein is similar and over the exact cause of action as Mombasa ELRC Cause No. E077 of 2021, which, under Section 7 of the Civil Procedure Act, is res judicata and sub judice. He cannot file another claim, aware that the previous suit was dismissed for want of prosecution.
6. Without showing any interest in prosecuting the instant suit, the respondent's objections to the duplication of suits, the claimant's actions amount to an abuse of the court process, and the suit is hereby dismissed. Costs to the respondent.
DELIVERED IN OPEN COURT AT MOMBASA THIS 24TH DAY OF APRIL 2025. M. MBARŨJUDGEIn the presence of:Court Assistant: Marion