[2021] KEELRC 67 (KLR)
The court found that the issue of limitation and jurisdiction raised by the respondent is intertwined with the facts and issues in a related case (Cause No. 357 of 2018) pending before the Magistrates Court. To avoid conflicting outcomes and to allow for a comprehensive determination of the issues, the court...
Source-derived case information.
- Citation
- [2021] KEELRC 67 (KLR)
- Parties
- Applicant: Kenya Shipping Clearing Freight Logistics & Warehouses Workers Union; Respondent: Vegpro (K) VG Group Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 325 of 2020
- Procedural Posture
- Cause / Ruling on Preliminary Objection and Stay Application
- Outcome
- proceedings stayed pending further directions
- Judges
- AN Makau
- Legal Topics
- Limitation Periods, Jurisdiction, Stay of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Shipping Clearing Freight Logistics & Warehouses Workers Union
Applicant
Vegpro (K) VG Group Limited
Respondent
Procedural Posture
Cause / Ruling on Preliminary Objection and Stay Application
Legal Issues
- 1 Whether the claim was filed outside the statutory limitation period under Section 90 of the Employment Act.
- 2 Whether the court should stay proceedings in light of a related pending suit involving similar parties and issues.
Ratio Decidendi
The court found that the issue of limitation and jurisdiction raised by the respondent is intertwined with the facts and issues in a related case (Cause No. 357 of 2018) pending before the Magistrates Court. To avoid conflicting outcomes and to allow for a comprehensive determination of the issues, the court exercised its discretion to stay the current proceedings until the related matter is resolved or further directions are given. The stay is to last until 30th January 2022, by which time the parties are to file a comprehensive bundle containing the pleadings from the related case for the court's perusal and further directions.
Court Disposition
proceedings stayed pending further directions
Orders
- This suit is stayed until 30th January 2022.
- Parties to file a comprehensive bundle containing pleadings in CMEL No. 357 of 2018 by 30th January 2022.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT & LABOUR RELATIONS COURT OF KENYA
AT NAIROBI
CAUSE NO. 325 OF 2020
KENYA SHIPPING CLEARING FREIGHT
LOGISTICS& WAREHOUSES WORKERS UNION..............................CLAIMANT
VERSUS
VEGPRO (K) VG GROUP LIMITED...................................................RESPONDENT
RULING
1. The Preliminary Objection herein is the effect that the Respondent asserts the Claim was filed outside the time limits set under the Rules of this Court and Section 90 of the Act. The Court notes that the issue of jurisdiction raised on account of limitation is interrelated with the facts in another case being Cause No. 357 of 2018 – Moses Otieno and 19 Others v Vegpro (K) Limited pending before the Magistrates Court.
2. As such, the Court stays this suit given the existence of the other dispute. Stay to last until 30th January, 2022 by which time the Parties herein should file a comprehensive bundle containing the pleadings in CMEL No. 357 of 2018.
3. Mention on 30th January 2022 for directions upon perusal of the documents to be filed by the Parties herein.
So ordered.
DATED AND DELIVERED AT NAIROBI THIS 2ND DAY OF DECEMBER, 2021
NZIOKI WA MAKAU
JUDGE