[2021] KEELRC 2381 (KLR)
The Court found that the petitioner failed to file any response to the 1st respondent's application to be struck out, despite being granted multiple opportunities and clear directions by the Court. The absence of a response or opposition to the application, coupled with the 1st respondent's assertion that it was...
Source-derived case information.
- Citation
- [2021] KEELRC 2381 (KLR)
- Parties
- Applicant: George Bala; Respondent: Chuka University; Respondent: Egerton University
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Civil Case 15 of 2020
- Procedural Posture
- Petition / Ruling on Application to Strike Out Respondent and Petition as Against 1st Respondent
- Outcome
- Application allowed; 1st respondent struck out from the suit and petition as against it struck out.
- Legal Topics
- Misjoinder of Parties, Striking Out Petition, Reasonable Cause of Action
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Bala
Applicant
Chuka University
Respondent
Egerton University
Respondent
Procedural Posture
Petition / Ruling on Application to Strike Out Respondent and Petition as Against 1st Respondent
Legal Issues
- 1 Whether the 1st respondent was improperly joined to the suit.
- 2 Whether the petition disclosed a reasonable cause of action against the 1st respondent.
Ratio Decidendi
The Court found that the petitioner failed to file any response to the 1st respondent's application to be struck out, despite being granted multiple opportunities and clear directions by the Court. The absence of a response or opposition to the application, coupled with the 1st respondent's assertion that it was improperly joined and that no reasonable cause of action was disclosed against it, led the Court to allow the application as prayed. The Court emphasized the importance of compliance with procedural directions and the necessity for a party to demonstrate a reasonable cause of action against a respondent for the suit to be maintained against them.
Court Disposition
Application allowed; 1st respondent struck out from the suit and petition as against it struck out.
Orders
- The application dated 10th February, 2021 is allowed as prayed.
- The 1st respondent is struck out from the suit.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OF KENYA AT UASIN GISHU
COURT NAME: ELDORET LAW COURT
CASE NUMBER: ELRCPET/15/2020
CITATION: GEORGE BALA VS CHUKA UNIVERSITY AND EGERTON UNIVERSITY AND 1 OTHERS
RULING
ON 2021-10-01 BEFORE HON. JUSTICE J. N. ABUODHA
1. The 1st respondent herein brought an application dated 10th February, 2021 in which it sought orders that Court strike out the 1st respondent from the suit on the grounds that it had been improperly joined to the suit and further to strike out the petition as against the 1st respondent on the grounds that it disclosed no reasonable cause action in law against it.
2. The application was served on the petitioner but no response to it was filed despite several mentions and requests for time by the petitioner to file a response.
3. On 14th June, 2021 when the matter came up for mention, Mr. Omondi for the petitioner informed the Court that although the matter was coming up for directions the parties were pursuing out of Court settlement. The Court however, directed that the petitioner files a response to the present application within 3 days and that the 1st respondent files and serves submissions within 7 days and the Petitioner replies within a similar period after service and the matter be mentioned on 12th July, 2021 for allocation of a ruling date.
4. The Petitioner once again never complied with the Courts directions. In the circumstance the application dated 10th February, 2021 is hereby allowed as prayed.
5. It is so ordered.
GIVEN under my hand and Seal of this Court on 2021-11-02 13:39:39
SIGNED BY: HON. JUSTICE J. N. ABUODHA (ADMINISTER JUSTICE)
THE JUDICIARY OF KENYA.
ELDORET ELRC
EMPLOYMENT AND LABOUR RELATIONS COURT
DATE: 2021-11-02 13:39:3