[2022] KEELRC 1707 (KLR)
The court found that the claimant was not entitled to the remedies sought because the basis for the calculations of the claimed amount was not pleaded, and the claims for liquidated damages required specific pleading and strict evidence, which were not provided. The claimant failed to provide evidence of working...
Source-derived case information.
- Citation
- [2022] KEELRC 1707 (KLR)
- Parties
- Applicant: Mohamed Abdallah Mohamed; Respondent: Jomvu Gas Station
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 721 of 2015
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- suit dismissed
- Judges
- B Ongaya
- Legal Topics
- Outstanding Emoluments, Liquidated Damages, Burden of Proof, Pleadings and Evidence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mohamed Abdallah Mohamed
Applicant
Jomvu Gas Station
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant is entitled to outstanding emoluments as claimed.
- 2 Whether the claimant provided sufficient evidence to support his claims for overtime and public holiday work.
- 3 Whether the claims for liquidated damages were specifically pleaded and proved.
Ratio Decidendi
The court found that the claimant was not entitled to the remedies sought because the basis for the calculations of the claimed amount was not pleaded, and the claims for liquidated damages required specific pleading and strict evidence, which were not provided. The claimant failed to provide evidence of working overtime or on public holidays as alleged. Both parties failed to avail witnesses, and the claims were not established or justified. Consequently, the suit was dismissed with no orders as to costs.
Court Disposition
suit dismissed
Orders
- The suit is hereby dismissed with no orders on costs.
Full Case Text
Judgment text and source record
23 paragraphs
Mohamed v Jomvu Gas Station (Cause 721 of 2015) [2022] KEELRC 1707 (KLR) (22 July 2022) (Judgment)
Neutral citation: [2022] KEELRC 1707 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Mombasa
Cause 721 of 2015
B Ongaya, J
July 22, 2022
Between
Mohamed Abdallah Mohamed
Claimant
and
Jomvu Gas Station
Respondent
Judgment
1. The claimant filed the memorandum of claim on 22. 09. 2015 through G.A. Okumu & Company Advocates. The claimant prayed for judgment against the respondent for:a.Outstanding Emoluments Kshs 263,611b.Costs of the suitc.Interest on (a) and (b) above until payment in fulld.Any other relief or further relief as this Honourable may consider just fit.
2. The respondent filed on 09. 11. 2015 the response to the claim through Oduor Siminyu & Company Advocates. The respondent prayed that the claimant’s suit be dismissed with costs.
3. The claimant’s advocate stated on the hearing date that the claimant is in Nairobi and he had been denied permission by his current employer to enable him attend Court for the hearing of his suit. Further, that he was not allowed to use his mobile phone at his place of work. Thus, the claimant did not testify to support his case. The parties agreed that the case be determined on the basis of pleadings and documents filed for parties.
4. The respondent’s advocate stated that he would not also be calling any witness to testify in the matter. The Court has considered the pleadings and the final submissions on record.The Court makes the following pertinent findings.
5. To answer the 1st issue for determination the Court returns that the claimant is not entitled to any of the remedies as prayed for.
6. First the basis of the calculations for the amount claimed was not pleaded at all.
7. Second the claims are for liquidated damages requiring specific pleading and strict evidence so as to be awarded by the Court. The claimant did not provide evidence to show he worked overtime hours as alleged and that he actually worked on the alleged days of public holidays. The claims will collapse as not established and as unjustifiable.
8. The parties failed to avail their respective witnesses and there will be no orders on costs.In conclusion the suit is hereby dismissed with no orders on costs.
SIGNED, DATED AND DELIVERED BY VIDEO-LINK AND IN COURT AT MOMBASA THIS FRIDAY 22ND JULY, 2022. BYRAM ONGAYAJUDGE