[2023] KEELRC 3339 (KLR)
The court held that since the applicant did not specifically seek the reinstatement of the petition that was dismissed, and only sought to reinstate an application that was non-existent, there was no competent prayer before the court that could be granted. The court emphasized that it cannot create or grant prayers...
Source-derived case information.
- Citation
- [2023] KEELRC 3339 (KLR)
- Parties
- Applicant: Nickson Mucangi Ireri; Respondent: National Bank of Kenya
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Petition E019 of 2022
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Reinstate Dismissed Suit
- Outcome
- application struck out
- Judges
- SC Rutto
- Legal Topics
- Reinstatement of Suit, Dismissal of Petition, Court Powers on Prayers, Procedural Technicalities
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nickson Mucangi Ireri
Applicant
National Bank of Kenya
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Reinstate Dismissed Suit
Legal Issues
- 1 Whether the court can reinstate an application or petition where no specific prayer for reinstatement of the petition has been made.
- 2 Whether the court can grant orders not specifically sought in the notice of motion.
Ratio Decidendi
The court held that since the applicant did not specifically seek the reinstatement of the petition that was dismissed, and only sought to reinstate an application that was non-existent, there was no competent prayer before the court that could be granted. The court emphasized that it cannot create or grant prayers not sought in the notice of motion. As such, the application was struck out for being incompetent, with no orders as to costs.
Court Disposition
application struck out
Orders
- The application dated July 25, 2023 is struck out.
- There shall be no order as to costs.
Full Case Text
Judgment text and source record
20 paragraphs
Ireri v National Bank of Kenya (Petition E019 of 2022) [2023] KEELRC 3339 (KLR) (8 December 2023) (Ruling)
Neutral citation: [2023] KEELRC 3339 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Petition E019 of 2022
SC Rutto, J
December 8, 2023
Between
Nickson Mucangi Ireri
Petitioner
and
National Bank of Kenya
Respondent
Ruling
1. The petitioner/applicant has moved this court vide a notice of motion application dated July 25, 2023, through which he seeks the following orders:1. Spent2. That this Court be pleaded(sic) to reinstate the application herein.3. That costs of this application be in the cause.
2. First things first, it is clear from the face of the application that the applicant seeks to reinstate an application that is nonexistent. In as much as the grounds in support of the Application make reference to the suit that was dismissed on July 25, 2023, the order sought is not capable of being granted in its present form.
3. As it is, the Petitioner has not sought to reinstate the Petition that was dismissed on July 25, 2023. Suffice to say, the Application as framed, does not disclose any prayer that the Court is capable of granting at this point in time.
4. On this issue, I agree with the Respondent’s submissions that there being no prayer for reinstatement of the Petition and the Petitioner having failed to amend his Application accordingly, this Court does not have the power to create a prayer not sought in the Notice of Motion and proceed to grant it.
5. In view of the foregoing, I cannot help but strike out the Application with no orders as to costs.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 8TH DAY OF DECEMBER, 2023. ………………………………STELLA RUTTOJUDGEOrderIn view of the declaration of measures restricting court operations due to the COVID-19 pandemic and in light of the directions issued by His Lordship, the Chief Justice on 15th March 2020 and subsequent directions of 21st April 2020 that judgments and rulings shall be delivered through video conferencing or via email. They have waived compliance with Order 21 Rule 1 of the Civil Procedure Rules, which requires that all judgments and rulings be pronounced in open court. In permitting this course, this court had been guided by Article 159(2)(d) of the Constitution which requires the court to eschew undue technicalities in delivering justice, the right of access to justice guaranteed to every person under Article 48 of the Constitution and the provisions of Section 1B of the Civil Procedure Act (Chapter 21 of the Laws of Kenya) which impose on this court the duty of the court, inter alia, to use suitable technology to enhance the overriding objective which is to facilitate just, expeditious, proportionate and affordable resolution of civil disputes.Stella RuttoJudge