[2015] KEELRC 1434 (KLR)
The court accepted the claimant's notice of withdrawal, as communicated by the advocates for both parties. Since the respondent did not file a response and did not object to the withdrawal, the court marked the claim as withdrawn in accordance with the notice filed. No further orders were made, and the matter was...
Source-derived case information.
- Citation
- [2015] KEELRC 1434 (KLR)
- Parties
- Claimant: Christopher Kathanzu Mutisya; Respondent: Maki Stores
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 623 of 2014
- Procedural Posture
- Employment Cause / Withdrawal Before Hearing
- Outcome
- Claim withdrawn by claimant before hearing.
- Judges
- J Rika
- Legal Topics
- Unfair Termination, Unlawful Termination, Withdrawal of Claim
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Christopher Kathanzu Mutisya
Claimant
Maki Stores
Respondent
Procedural Posture
Employment Cause / Withdrawal Before Hearing
Legal Issues
- 1 Whether the claim for unfair and unlawful termination should proceed after withdrawal by the claimant.
Ratio Decidendi
The court accepted the claimant's notice of withdrawal, as communicated by the advocates for both parties. Since the respondent did not file a response and did not object to the withdrawal, the court marked the claim as withdrawn in accordance with the notice filed. No further orders were made, and the matter was concluded at this preliminary stage without a determination on the merits.
Court Disposition
Claim withdrawn by claimant before hearing.
Orders
- The claim is marked as withdrawn in terms of the Notice of Withdrawal filed on 22nd December 2014.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT AT MOMBASA
CAUSE NO. 623 OF 2014
BETWEEN
CHRISTOPHER KATHANZU MUTISYA ............................................................ CLAIMANT
VERSUS
MAKI STORES .......................................................................................... RESPONDENT
Rika J.
Court Assistant: Benjamin Kombe
Mr. Anyoka Advocate instructed by Mburu Nyamboye & Company Advocates for the Claimant
Mr. Matindi advocate instructed by Machuka & Company Advocates for the Respondent
__________________________________________________________________________
ISSUES IN DISPUTE: UNFAIR AND UNLAWFUL TERMINATION
AWARD
1. The Claimant filed his Statement of Claim on 11th December 2014. The Respondent did not file its Statement of Response.
2. On 9th February 2015, the Advocates for the respective Parties informed the Court that the Claim has been withdrawn.
3. IT IS ORDERED:-
(a) The Claim is marked as withdrawn in terms of the Notice of Withdrawal filed on 22nd December 2014.
Dated and delivered at Mombasa this 9th day of February 2015.
James Rika
Judge