[2014] KEELRC 1002 (KLR)
The court found that the claimant failed to adduce any oral or affidavit evidence to support the claims made in the memorandum of claim. The court emphasized that pleadings alone, without supporting evidence, are insufficient to justify the grant of the reliefs sought. As a result, the court dismissed the claim in...
Source-derived case information.
- Citation
- [2014] KEELRC 1002 (KLR)
- Parties
- Claimant: Elvis Kipchumba; Respondent: M.C. Toet Transporters Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Cause 79 of 2013
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- claim dismissed
- Judges
- B Ongaya
- Legal Topics
- Unfair Termination, Gratuity Claims, Notice Pay, Accrued Leave, Certificate of Service, Costs and Interest
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elvis Kipchumba
Claimant
M.C. Toet Transporters Limited
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant has adduced sufficient evidence to prove unfair and unlawful termination.
- 2 Whether the claimant is entitled to the reliefs sought including notice pay, gratuity, accrued leave, compensation, certificate of service, costs, and interest.
Ratio Decidendi
The court found that the claimant failed to adduce any oral or affidavit evidence to support the claims made in the memorandum of claim. The court emphasized that pleadings alone, without supporting evidence, are insufficient to justify the grant of the reliefs sought. As a result, the court dismissed the claim in its entirety, holding that there was no evidentiary basis upon which to make the orders prayed for by the claimant.
Court Disposition
claim dismissed
Orders
- The memorandum of claim is dismissed with no orders as to costs.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT OF KENYA AT NAKURU
CAUSE NO. 379 OF 2013
ELVIS KIPCHUMBA.....................................................CLAIMANT
- VERSUS -
M.C. TOET TRANSPORTERS LIMITED...............RESPONDENT
(Before Hon. Justice Byram Ongaya on Friday 16th May, 2014)
JUDGMENT
The claimant Elvis Kipchumba filed the memorandum of claim on 30. 10. 2013 through Manyoni Orina & Company Advocates. The claimant prayed for judgment against the respondent for:
Declaration that his termination was unfair and unlawful.
Three months salary in lieu of notice.
Gratuity payment.
Accrued leave.
Compensation for unlawful termination.
Certificate of service.
Costs and interest.
Any other relief that this honourable court may deem fit and just to grant.
Despite service, the respondent did not enter appearance, file a memorandum of response or attend at the hearing.
The case was fixed for hearing on 8. 05. 2014. The claimant’s counsel opted not to call any witness but to rely on the pleadings and documents as filed for the claimant. The claimant’s counsel requested for directions on judgment and the court directed that the judgment would be delivered on 16. 05. 2014.
The court has perused the memorandum of claim, the verifying affidavit and the documents filed for the claimant. The memorandum of claim sets out the facts of the claimant’s case and the verifying affidavit verifies the allegations as true. That is all that is before the court.
There is no oral or affidavit evidence to establish the claims and prayers as made in the memorandum of claim. In the circumstances, the court finds that there is no evidence on record to justify the making of the judgment and orders as prayed for.
In conclusion, the memorandum of claim is dismissed with no orders on costs.
Signed, datedanddeliveredin court atNakuruthisFriday 16th May, 2014.
BYRAM ONGAYA
JUDGE