[2019] KEELRC 2449 (KLR)
The court found that the question of whether the respondent has legal capacity to be sued cannot be determined solely on the basis of the preliminary objection, given that the respondent issued termination letters and notices to the grievants. This suggests a legal relationship that requires further examination at a...
Source-derived case information.
- Citation
- [2019] KEELRC 2449 (KLR)
- Parties
- Applicant: KUDHEIHIA Workers; Respondent: The Management of the Blessed Virgin Mary Loreto Sisters The East Africa Province
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 2247 of 2017
- Procedural Posture
- Employment Cause / Ruling on Preliminary Objection
- Outcome
- Preliminary objection not upheld; matter to proceed to full hearing.
- Judges
- NJ Abuodha, DI Wasike
- Legal Topics
- Corporate Capacity, Locus Standi, Preliminary Objection
- 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
KUDHEIHIA Workers
Applicant
The Management of the Blessed Virgin Mary Loreto Sisters The East Africa Province
Respondent
Procedural Posture
Employment Cause / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the respondent has legal capacity to be sued.
- 2 Whether the preliminary objection can dispose of the matter without a full hearing.
Ratio Decidendi
The court found that the question of whether the respondent has legal capacity to be sued cannot be determined solely on the basis of the preliminary objection, given that the respondent issued termination letters and notices to the grievants. This suggests a legal relationship that requires further examination at a full hearing. The objection does not dispose of the matter on a pure point of law, and the issue of legal capacity is intertwined with the merits of the case. Therefore, the preliminary objection is not upheld at this stage, and the matter will proceed to a full hearing.
Court Disposition
Preliminary objection not upheld; matter to proceed to full hearing.
Orders
- Respondent to file and serve a response to the claim within 21 days from the date of this ruling.
- Parties to list the matter for pretrial direction and hearing at the Registry.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OF KENYA
AT NAIROBI
CAUSE NUMBER 2247 OF 2017
KUDHEIHIA WORKERS............................................................CLAIMANTS
VERSUS
THE MANAGEMENT OF THE BLESSED VIRGIN MARY
LORETO SISTERS THE EAST AFRICA PROVINCE.........RESPONDENT
RULING
1 By a notice of preliminary objection dated 29th March, 2018 the respondent averred that the claim herein is bad in law on the grounds that the respondent as sued is not a body corporate and lacks the legal capacity to be sued or otherwise.
2. The court has reviewed and considered the objection in the context of letters as annextures to the memorandum of claim particularly notice to show cause issued to the grievants and the termination letters which were all issued by the respondent’s herein. If it be true as alleged that the respondent’s had no legal capacity to sue or be sued and that there was no legal nexus between the respondent and the grievants then one wonders in what capacity the letters were issued.
3. The court is therefore of the view that in the light of the above the matter and legal relationship between the grievants and the respondent cannot be resolved by way of a preliminary objection.
4. The final determination on the objection will therefore be reserved until the matter is fully heard on merit.
5. Respondent to file and serve a response to the claim within 21 days from the date of this ruling. Parties to thereafter list the matter for pretrial direction and hearing at the Registry.
6. It is ordered.
Dated at Nairobi this 18th day of January, 2019
Abuodha Jorum Nelson
Judge
Delivered this 18th day of January, 2019
Abuodha Jorum Nelson
Judge
In the presence of:-
....................................................for the Claimant and
.......................................................for the Respondent
Abuodha J. N.
Judge