[2023] KEELRC 2216 (KLR)
The court found that the transfer order made on May 31, 2023, contained a clerical error in the reference to the case number of the matter before the Chief Magistrate's Court. The correct case number is CMCC No E 4821 of 2020, not CMEL No E 4821 of 2020 as previously indicated. The court exercised its power to...
Source-derived case information.
- Citation
- [2023] KEELRC 2216 (KLR)
- Parties
- Applicant: Anthony Muchengo Nyanchoka; Respondent: Winners Chapel International
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1383 of 2018
- Procedural Posture
- Cause / Ruling on Correction of Transfer Order
- Outcome
- Order reviewed and corrected; Chief Magistrate's Court file to be transferred as earlier ordered; mention scheduled for further directions.
- Judges
- J Rika
- Legal Topics
- Transfer of Suit, Jurisdictional Error, Case Consolidation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Anthony Muchengo Nyanchoka
Applicant
Winners Chapel International
Respondent
Procedural Posture
Cause / Ruling on Correction of Transfer Order
Legal Issues
- 1 Whether the previous transfer order contained an error in the case reference number.
- 2 Whether the court should review and correct the transfer order to reflect the correct case number.
Ratio Decidendi
The court found that the transfer order made on May 31, 2023, contained a clerical error in the reference to the case number of the matter before the Chief Magistrate's Court. The correct case number is CMCC No E 4821 of 2020, not CMEL No E 4821 of 2020 as previously indicated. The court exercised its power to review and correct its own orders to ensure accuracy and proper case management. The correction was necessary to facilitate the transfer and consolidation of the related claims between the same parties. The court therefore reviewed and amended the earlier order to reflect the correct case number and directed the transfer of the Chief Magistrate's Court file as previously ordered.
Court Disposition
Order reviewed and corrected; Chief Magistrate's Court file to be transferred as earlier ordered; mention scheduled for further directions.
Orders
- The orders made on May 31, 2023 are reviewed and corrected to read CMCC No E 4821 of 2020 instead of CMEL No E 4821 of 2020.
- The Chief Magistrate's Court file to be transferred as earlier ordered.
Full Case Text
Judgment text and source record
19 paragraphs
Nyanchoka v Winners Chapel International (Cause 1383 of 2018) [2023] KEELRC 2216 (KLR) (28 September 2023) (Ruling)
Neutral citation: [2023] KEELRC 2216 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Cause 1383 of 2018
J Rika, J
September 28, 2023
Between
Anthony Muchengo Nyanchoka
Claimant
and
Winners Chapel International
Respondent
Ruling
1. The Claimant filed the Cause herein, and Cause No E 4821 of 2020 at the Chief Magistrate’s Court Milimani Court, Nairobi.
2. Both Claims are against the Respondent.
3. The Court made a Ruling directing that the Chief Magistrate’s Claim be transferred to this Court, and heard as one Claim.
4. It has been pointed out by the Counsel for the Parties, upon mention on September 28, 2023, that the transfer orders made on May 31, 2023, erroneously referred to the Cause before the Chief Magistrate’s Court as CMEL No E 4821 of 2020, instead of CMCC No E 4821 of 2020. It is ordered: -a.The orders made on May 31, 2023 are reviewed and corrected, to read CMCC No E 4821 of 2020 instead of CMEL No E 4821 of 2020. b.The CM’s Court file to be transferred as earlier ordered.c.Mention on October 24, 2023.
DATED, SIGNED AND RELEASED TO THE PARTIES ELECTRONICALLY, AT NAIROBI, THIS 28TH DAY OF SEPTEMBER 2023. JAMES RIKAJUDGE