[2017] KEELRC 1514 (KLR)
The court found that the parties had filed a consent settling the cause on 13 November 2013. Although subsequent mentions and a hearing notice were issued, the consent had already resolved the dispute. The court therefore marked the cause as settled in terms of the consent, recognizing the binding nature of...
Source-derived case information.
- Citation
- [2017] KEELRC 1514 (KLR)
- Parties
- Applicant: Martha Mudiovo Omar; Respondent: New Life Childrens Home
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1636 of 2012
- Procedural Posture
- Cause / Ruling on Settlement by Consent
- Outcome
- Cause marked as settled by consent.
- Judges
- MSA Makhandia
- Legal Topics
- Settlement by Consent, Cause Marked as Settled
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Martha Mudiovo Omar
Applicant
New Life Childrens Home
Respondent
Procedural Posture
Cause / Ruling on Settlement by Consent
Legal Issues
- 1 Whether the cause should be marked as settled in terms of the consent filed by the parties.
Ratio Decidendi
The court found that the parties had filed a consent settling the cause on 13 November 2013. Although subsequent mentions and a hearing notice were issued, the consent had already resolved the dispute. The court therefore marked the cause as settled in terms of the consent, recognizing the binding nature of settlements recorded by parties and filed in court.
Court Disposition
Cause marked as settled by consent.
Orders
- The cause is marked as settled in terms of the consent filed in court.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 1636 OF 2012
MARTHA MUDIOVO OMAR.......................CLAIMANT
v
NEW LIFE CHILDRENS HOME............RESPONDENT
RULING
1. The parties filed a consent settling the Cause in Court on 13 November 2013.
2. It appears that fact was not brought to the attention of Court when the Cause was mentioned on 27 November 2013 and 27 November 2014.
3. On 8 March 2017, the Deputy Registrar issued a hearing notice for 3 April 2017 but none of the parties were present when the file was called out.
4. The Court therefore orders that the Cause be marked as settled in terms of the consent filed in Court.
Delivered, dated and signed in Nairobi on this 5th day of April 2017.
Radido Stephen
Judge
Representations
For Claimant Musyimi & Co. Advocates
For Respondents Ameyo, Guto, Etole & Co. Advocates
Court Assistant Nixon