[2015] KEELRC 1435 (KLR)
The court accepted the claimant's notice of withdrawal, as communicated by both parties' advocates, and marked the claim as withdrawn in accordance with the notice filed. There being no opposition or response from the respondent, and the withdrawal being properly filed, the court found no reason to proceed with the...
Source-derived case information.
- Citation
- [2015] KEELRC 1435 (KLR)
- Parties
- Claimant: George Morara Nyasani; Respondent: Maki Stores
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 622 of 2014
- Procedural Posture
- Employment Cause / Withdrawal Before Hearing
- Outcome
- Claim withdrawn
- 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
George Morara Nyasani
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court accepted the claimant's notice of withdrawal, as communicated by both parties' advocates, and marked the claim as withdrawn in accordance with the notice filed. There being no opposition or response from the respondent, and the withdrawal being properly filed, the court found no reason to proceed with the matter or make any further orders on the merits of the claim.
Court Disposition
Claim withdrawn
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- The claim is marked as withdrawn in terms of the notice of withdrawal filed on 22nd December 2014.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
20 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT AT MOMBASA
CAUSE NO. 622 OF 2014
BETWEEN
GEORGE MORARA NYASANI ...................................................................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.
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