[2014] KEELRC 1201 (KLR)
The court found that under Rule 14(6) of the Industrial Court Procedure Rules 2010, a party may seek leave to amend pleadings, and the court has discretion to grant such leave to ensure justice is done. The court exercised its discretion in favor of the claimant, finding no sufficient reason to deny the application...
Source-derived case information.
- Citation
- [2014] KEELRC 1201 (KLR)
- Parties
- Applicant: Lawrence Angolo Omuhaka; Respondent: Mumias Sugar Company Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Cause 229 of 2013
- Procedural Posture
- Employment Cause / Ruling on Application for Leave to Amend Statement of Claim
- Outcome
- application allowed
- Judges
- HS Wasilwa
- Legal Topics
- Amendment of Pleadings, Leave of Court, Industrial Court Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lawrence Angolo Omuhaka
Applicant
Mumias Sugar Company Ltd
Respondent
Procedural Posture
Employment Cause / Ruling on Application for Leave to Amend Statement of Claim
Legal Issues
- 1 Whether the claimant should be granted leave to further amend the statement of claim.
- 2 Whether the respondents would suffer prejudice if the amendment is allowed.
Ratio Decidendi
The court found that under Rule 14(6) of the Industrial Court Procedure Rules 2010, a party may seek leave to amend pleadings, and the court has discretion to grant such leave to ensure justice is done. The court exercised its discretion in favor of the claimant, finding no sufficient reason to deny the application for amendment. The court also ensured procedural fairness by granting the respondent a corresponding right to amend their pleadings in response. The application was therefore allowed, with directions on timelines for filing the amended claim and any reply.
Court Disposition
application allowed
Orders
- The claimant is granted leave to amend the statement of claim within 14 days.
- The respondent is granted corresponding leave to file any reply within 14 days after service.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT OF KENYA AT KISUMU
CAUSE NO. 229 of 2013
(Before Hon. Justice Hellen Wasilwa on 15th July, 2014)
LAWRENCE ANGOLO OMUHAKA ......................................... CLAIMANT
-VERSUS-
MUMIAS SUGAR COMPANY LTD …............................... RESPONDENTS
R U L I N G
The application before court is the one dated 12. 6.2014 filed by the claimant herein where they are asking court to grant them leave to further amend their statement of claim. It is their prayer that the amendment will enable them frame the issues more clearly and also incorporate new developments in relation to the applicant's status.
The respondents opposed this application and their main contention is that the claimant's case is a non starter because of it's speculative nature and an attempt to introduce another suit via back door to the detriment of the respondents herein.
Having considered the avernments of both parties, the fall back is Rule 14(6) of the Industrial Court Procedure Rules 2010 which states that:-
“A party, may with the leave of the court amend pleadings, provided that where leave is granted to a party to amend any pleading, a responding party shall have a corresponding right to amend that party's pleadings”.
In relying on this rule, I find that a party may seek leave to amend pleadings and the court may grant this leave for any reason so that justice is done.
In exercising my discretion, I allow this application and order that the claimant applicant do proceed and amend his claim within 14 days with a corresponding leave to respondents to file any reply 14 days after service. Costs in the cause.
HELLEN WASILWA
JUDGE
15/7/2014
Appearances:-
Ombito h/b Wesutsa for claimant present
S. M. Onyango for Respondents present
CC. Wamache