[2014] KEELRC 359 (KLR)

[2014] KEELRC 359 (KLR)

The court found that the issues raised in Cause No. 1107 of 2014 are inseparable from those in Appeal No. 7 of 2011. Therefore, the Claimant/Applicant should have pursued its prayers within the context of the pending appeal rather than initiating a separate cause. To prevent duplicity and ensure proper procedural...

Source-derived case information.

Citation
[2014] KEELRC 359 (KLR)
Parties
Applicant: Kenya Export Floriculture, Horticulture and Allied Workers’ Union; Respondent: The Registrar of Trade Unions; Interested Party: Kenya Plantation & Agricultural Workers’ Union
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Nairobi
Jurisdiction
Kenya
Case Number
Cause 1107 of 2014
Procedural Posture
Employment Cause / Ruling
Outcome
Cause struck out; liberty to file application in pending appeal.
Legal Topics
Trade Union Registration, Procedural Striking Out, Jurisdiction, Appeal Procedure
Source Language
en
Employment and Labour Trade Union Registration Procedural Striking Out Jurisdiction Appeal Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Kenya Export Floriculture, Horticulture and Allied Workers’ Union

Applicant

The Registrar of Trade Unions

Respondent

Kenya Plantation & Agricultural Workers’ Union

Interested Party

Procedural Posture

Employment Cause / Ruling

Legal Issues

  1. 1 Whether the issues raised in Cause No. 1107 of 2014 are distinct from those in Appeal No. 7 of 2011.
  2. 2 Whether the Claimant/Applicant should have pursued its prayers under Appeal No. 7 of 2011 instead of filing a separate cause.

Ratio Decidendi

The court found that the issues raised in Cause No. 1107 of 2014 are inseparable from those in Appeal No. 7 of 2011. Therefore, the Claimant/Applicant should have pursued its prayers within the context of the pending appeal rather than initiating a separate cause. To prevent duplicity and ensure proper procedural conduct, the court struck out Cause No. 1107 of 2014 and directed the Claimant/Applicant to file its application under Appeal No. 7 of 2011.

Court Disposition

Cause struck out; liberty to file application in pending appeal.

Orders

  • Cause No. 1107 of 2014 is hereby struck out.
  • The Claimant/Applicant may file its application under Appeal No. 7 of 2011.