[2014] KEELRC 18 (KLR)
The court found that Cause No. 377 of 2014 was filed in respect of the same subject matter and against the same respondents as Nakuru Petition No. 12 of 2014, in which interim orders had already been granted. The Claimant failed to provide any substantive distinction between the two matters and did not disclose the...
Source-derived case information.
- Citation
- [2014] KEELRC 18 (KLR)
- Parties
- Claimant: Kenya Plantation and Agricultural Workers Union; Respondent: Karuturi Limited (in Receivership); Respondent: Kieran Day & Ian Small (Joint Receivers and Managers)
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 377 of 2014
- Procedural Posture
- Employment Cause / Ruling on Application to Strike Out Suit
- Outcome
- suit dismissed as abuse of court process
- Judges
- AN Makau
- Legal Topics
- Abuse of Court Process, Res Judicata, Injunctive Relief, Non Disclosure, Contempt of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Kenya Plantation and Agricultural Workers Union
Claimant
Karuturi Limited (in Receivership)
Respondent
Kieran Day & Ian Small (Joint Receivers and Managers)
Respondent
Procedural Posture
Employment Cause / Ruling on Application to Strike Out Suit
Legal Issues
- 1 Whether Cause No. 377 of 2014 should be struck out as an abuse of court process due to duplication of issues pending in Nakuru Petition No. 12 of 2014.
- 2 Whether the Claimant failed to disclose material facts regarding the existence of Nakuru Petition No. 12 of 2014 and the orders granted therein.
- 3 Whether the orders sought in this suit are identical to those already granted in the pending petition.
Ratio Decidendi
The court found that Cause No. 377 of 2014 was filed in respect of the same subject matter and against the same respondents as Nakuru Petition No. 12 of 2014, in which interim orders had already been granted. The Claimant failed to provide any substantive distinction between the two matters and did not disclose the existence of the earlier petition and the orders obtained therein. The court held that the filing of the present suit amounted to an abuse of court process, as it duplicated proceedings and sought identical reliefs already pending before another court. The court emphasized that condoning such practices would unnecessarily clog the court's docket and undermine the efficient...
Court Disposition
suit dismissed as abuse of court process
Orders
- Cause No. 377 of 2014 is dismissed with costs.
Full Case Text
Judgment text and source record
36 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT OF KENYA
AT NAIROBI
CAUSE NO. 377 OF 2014
KENYA PLANTATION AND
AGRICULTURAL WORKERS UNION……..……..…. CLAIMANT
VERSUS
KARUTURI LIMITED (in Receivership)…….…1ST RESPONDENT
KIERAN DAY & IAN SMALL
(JOINT RECEIVERS AND MANAGERS)………2ND RESPONDENT
Mr. Mokori for Respondent / Applicant
Meshack Issa for Claimant / Respondent
RULING
1. The Application dated 3rd October, 2014, seeks to have cause No. 377 of 2014 be struck out for the reason that the issues raised in the statement of Claim are similar to those raised in Nakuru Petition No. 12 of 2014.
2. That the Orders sought in the Application dated 18th August, 2014, restraining Karuturi Limited (in receivership) 1st Respondent and Kieran Day and Ian Small (joint receiver and managers) 2nd Respondent from locking out, terminating, dismissing, suspending and/or declaring the shopstewards named pending hearing and determination of the application were granted in Petition No. 12 of 2014.
3. That Petition No. 12 of 2014 is still pending determination before the Nakuru Industrial Court and therefore this Suit is an abuse of Court process.
4. That there was material non-disclosure of the existence of Petition No. 12 of 2014, and the injunction order obtained by the Claimant / Applicant therein.
5. Response
The Claimant filed a Replying Affidavit deposed to by the Deputy General Secretary of the Claimant Union Mr. Thomas Kipkemboi dated 20th October, 2014. The Claimant states that Cause No. 377 of 2014 is distinct from Petition No. 12 of 2014 dated 30th July, 2014.
6. The deponent does not elaborate the difference between Nairobi Industrial Court Cause No. 377 of 2014 and Petition No. 12 of 2014 beyond that bare statement.
7. The Court however, notes that some of the grounds upon which the Application dated 18th August, 2014 and in particular grounds No. 6 - 12 thereof constitute an admission that on 30th July, 2014, Hon. Ongaya J. issued an interim order in Nakuru Industrial Court Petition No. 12 of 2014, which deals with the same subject matter raised in this matter and against the same Respondents.
8. The Claimants have alleged that the 1st and 2nd Respondents were served with the said order on 31st July 2014, but have in defiance of the same continued to lock out the named shopstewards.
9. Instead of moving an application seeking leave to commence contempt proceedings against the 1st and 2nd Respondents, the Claimant has filed another suit seeking the same orders granted in Petition No. 12 of 2014.
10. Clearly, this suit constitutes an abuse of the process of the Court. If this practice is condoned by the Court it would unnecessarily clog the Court’s diary hence denying worthy causes expeditious hearing and determination.
11. In view of the foregoing, Nakuru Cause No. 377 of 2014 is dismissed with costs.
Dated and Signed at Nairobi this 11th day of December, 2014.
MATHEWS NDERI NDUMA
PRINCIPAL JUDGE
Signed, Dated and Delivered at Nairobi
this 17th day of December, 2014.
NZIOKI WA MAKAU
JUDGE
Delivered in the presence of:
ADVOCATE FOR THE PETITIONER ………….………….……..
ADVOCATE FOR THE 1ST RESPONDENT ……………………….
ADVOCATE FOR THE 2ND RESPONDENT ………………………