[2019] KEELRC 1262 (KLR)
The court is unable to make a determination on the issue of commission payable due to the lack of supporting tabulations and documentation from both the claimant and the respondent. The claimant's tabulation was unsupported by evidence, and the respondent failed to file any tabulation to substantiate its counter...
Source-derived case information.
- Citation
- [2019] KEELRC 1262 (KLR)
- Parties
- Claimant: Joseph Mutuku Musee; Respondent: Kenya Vehicle Manufactures
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1964 of 2012
- Procedural Posture
- Employment Cause / Post Judgment Interlocutory Application
- Outcome
- Further directions issued; matter not finally determined.
- Judges
- HS Wasilwa
- Legal Topics
- Commission Entitlement, Counter Claims, Tabulation of Dues
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Mutuku Musee
Claimant
Kenya Vehicle Manufactures
Respondent
Procedural Posture
Employment Cause / Post Judgment Interlocutory Application
Legal Issues
- 1 Whether the claimant is entitled to commission payable as claimed.
- 2 Whether the respondent has substantiated its counter claim against the claimant.
- 3 Whether the court can determine the commission payable without supporting tabulations from both parties.
Ratio Decidendi
The court is unable to make a determination on the issue of commission payable due to the lack of supporting tabulations and documentation from both the claimant and the respondent. The claimant's tabulation was unsupported by evidence, and the respondent failed to file any tabulation to substantiate its counter claim. In the absence of sufficient material before the court, it is not possible to resolve the outstanding issue of commission. Therefore, the court orders the respondent to file its own tabulation to enable a proper determination of the matter.
Court Disposition
Further directions issued; matter not finally determined.
Orders
- The respondent is ordered to file its own tabulation of commission payable and counter claim to enable the court to make a proper finding.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAIROBI
CAUSE NO. 1964 OF 2012
(Before Hon. Justice Hellen S. Wasilwa on 27th June, 2019)
JOSEPH MUTUKU MUSEE......................... CLAIMANT
VERSUS
KENYA VEHICLE MANUFACTURES......RESONDENT
RULING
1. The Application before Court in respect of this Court’s judgement delivered on 25/9/2018 in which the Court determined that what remains to be determined was in respect of commission payable vis a vis the Counter Claim. This Court ordered parties to file tabulation to enable the Court determine the issue.
2. The Claimant filed his tabulation on commission payable but without any supporting documents.
3. The Respondent is yet to file any tabulation either to prove their Counter Claim.
4. This Court remains unable to make a finding on issue of commission payable. In the circumstances, I will order the Respondent to file their own tabulation in order to allow this Court to make a proper finding accordingly.
Dated and delivered in open Court this 27th day of June, 2019.
HON. LADY JUSTICE HELLEN WASILWA
JUDGE
In the presence of:
Claimant – Present
Respondent – Absent