[2015] KEELRC 905 (KLR)
The court found that the claimant withdrew the cause before hearing. In accordance with Rule 27(1)(a) of the Industrial Court (Procedure) Rules 2010, the court exercised its discretion to award costs to the respondent upon withdrawal of the cause by the claimant. The withdrawal was properly recorded and the...
Source-derived case information.
- Citation
- [2015] KEELRC 905 (KLR)
- Parties
- Claimant: Gibson Mutua Mutia; Respondent: Hardware Accessories Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 280 of 2014
- Procedural Posture
- Employment Cause / Withdrawal Before Hearing
- Outcome
- Cause withdrawn; costs awarded to respondent.
- Legal Topics
- Unfair Termination, Withdrawal of Cause, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gibson Mutua Mutia
Claimant
Hardware Accessories Ltd
Respondent
Procedural Posture
Employment Cause / Withdrawal Before Hearing
Legal Issues
- 1 Whether the withdrawal of the cause entitles the respondent to costs.
- 2 Whether the withdrawal was proper under the rules.
Ratio Decidendi
The court found that the claimant withdrew the cause before hearing. In accordance with Rule 27(1)(a) of the Industrial Court (Procedure) Rules 2010, the court exercised its discretion to award costs to the respondent upon withdrawal of the cause by the claimant. The withdrawal was properly recorded and the respondent was entitled to costs as the successful party.
Court Disposition
Cause withdrawn; costs awarded to respondent.
Orders
- Cause No. 280 of 2015 is withdrawn.
- Costs to the respondent.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT & LABOUR RELATIONS COURT
AT MOMBASA
CAUSE NUMBER 280 OF 2014
BETWEEN
GIBSON MUTUA MUTIA..........................................CLAIMANT
VERSUS
HARDWARE ACCESSORIES LTD.......................RESPONDENT
Rika J
Court Assistant: Benjamin Kombe
Mr. Nyange Advocate holding brief for Mr. Mbuya Advocate, instructed
by Okemwa & Company Advocates for the Claimant
Mrs. Nyange Advocate holding brief for Mr. Mutubia Advocate, instructed
by Sherman Nyongesa & Mutubia Advocates for the Respondent.
ISSUE IN DISPUTE: UNFAIR AND UNLAWFUL TERMINATION
AWARD
[Rule 27[1][a] of the Industrial Court [Procedure Rules 2010]
1. The Claimant filed his Statement of Claim on 4th May 2015.
2. The Respondent filed its Statement of Response on 5th June 2015.
3. On 15th June 2015 the Matter came up for mention when the Court Ordered:-
a) Cause No. 280 of 2015 is withdrawn.
b) Costs to the Respondent
Dated and delivered at Mombasa this 15th day of June 2015
James Rika
Judge