[2016] KEELRC 1334 (KLR)
The court found that the parties had entered into a consent settling the cause. In accordance with established legal principles, the court adopted the consent as the judgment of the court, thereby resolving all issues raised in the claim and counterclaim. The adoption of the consent rendered the dispute fully...
Source-derived case information.
- Citation
- [2016] KEELRC 1334 (KLR)
- Parties
- Claimant: Elijah Kitonga Kaasya; Respondent: Chopstix Chinese Restaurant
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 311 of 2012
- Procedural Posture
- Employment Cause / Ruling on Consent Judgment
- Outcome
- Cause settled by consent; consent adopted as judgment of the court.
- Judges
- MSA Makhandia
- Legal Topics
- Wrongful Termination, Settlement by Consent
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elijah Kitonga Kaasya
Claimant
Chopstix Chinese Restaurant
Respondent
Procedural Posture
Employment Cause / Ruling on Consent Judgment
Legal Issues
- 1 Whether the termination of the claimant's employment was wrongful.
- 2 Whether the parties' consent should be adopted as the judgment of the court.
Ratio Decidendi
The court found that the parties had entered into a consent settling the cause. In accordance with established legal principles, the court adopted the consent as the judgment of the court, thereby resolving all issues raised in the claim and counterclaim. The adoption of the consent rendered the dispute fully settled and concluded the proceedings.
Court Disposition
Cause settled by consent; consent adopted as judgment of the court.
Orders
- The consent filed by the parties on 1 February 2013 is adopted as the judgment of the court.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 311 OF 2012
ELIJAH KITONGA KAASYA...................................CLAIMANT
v
CHOPSTIX CHINESE RESTAURANT....................RESPONDENT
RULING
The Claimant commenced legal proceedings against the Respondents on27 February 2012 alleging wrongful termination of employment.
The Respondent filed a Response and Counterclaim on 13 March 2012 and this prompted the Claimant to file a Reply to Counterclaim on 29 March 2012.
The parties filed a consent settling the Cause on 1 February 2013.
The Court adopts the consent as judgment of the Court.
Delivered, dated and signed in Nairobi this 20th day of April 2016.
Radido Stephen
Judge
Court Assistant Nixon