[2017] KEELRC 1611 (KLR)
The court found that the claimant had filed two claims based on the same set of facts, namely the present cause and Nairobi ELRC No 348 of 2016. The court determined that maintaining two suits on the same subject matter is an abuse of the court process. As a result, the present claim was struck out to prevent...
Source-derived case information.
- Citation
- [2017] KEELRC 1611 (KLR)
- Parties
- Claimant: Osore Sammy Mohan; Respondent: Tononoka Rolling Mills Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 2132 of 2016
- Procedural Posture
- Cause / Ruling on Application to Strike Out Claim
- Outcome
- claim struck out as abuse of court process
- Judges
- L Ndolo
- Legal Topics
- Abuse of Court Process, Duplicate Claims, Striking Out Pleadings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Osore Sammy Mohan
Claimant
Tononoka Rolling Mills Limited
Respondent
Procedural Posture
Cause / Ruling on Application to Strike Out Claim
Legal Issues
- 1 Whether the claimant's suit constitutes an abuse of court process due to the existence of a similar pending claim.
- 2 Whether the claim should be struck out for duplicity.
Ratio Decidendi
The court found that the claimant had filed two claims based on the same set of facts, namely the present cause and Nairobi ELRC No 348 of 2016. The court determined that maintaining two suits on the same subject matter is an abuse of the court process. As a result, the present claim was struck out to prevent duplicity and uphold the integrity of judicial proceedings. The court exercised its inherent power to prevent abuse of its process and ensure efficient administration of justice.
Court Disposition
claim struck out as abuse of court process
Orders
- The claimant's claim is struck out.
- No order as to costs.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAIROBI
CAUSE NO 2132 OF 2016
OSORE SAMMY MOHAN.......................................CLAIMANT
VERSUS
TONONOKA ROLLING MILLS LIMITED........RESPONDENT
RULING
1. This application is generated by the Respondent’s application brought by Notice of Motion dated 15th December 2016 seeking orders to strike out the Claimant’s claim.
2. The application which is supported by the affidavit of Lucy Kabura Nyaencha, Advocate sworn on 15th December 2016 is based on the ground that the Claimant has filed a similar claim being Nairobi ELRC No 348 of 2016 which is pending before the Court.
3. In her affidavit, Counsel depones that the Claimant herein has filed another claim based on the same grounds through the firm of Mugendi Karigi & Company Advocates. She adds that prior to filing the Memorandum of Defence her firm had notified the Claimant’s Advocates on record of the existence of another similar claim.
4. The Claimant did not respond to the application in spite of due notice.
5. I have looked at the Claimant’s claim in this case alongside his claim in Cause No 348 of 2016and find that the two claims are based on the same set of facts. The present claim is therefore an abuse of the court process and is struck out with no order for costs.
6. It is so ordered.
DATED SIGNED AND DELIVERED IN OPEN COURT AT NAIROBI THIS 17THDAY OF MARCH 2017
LINNET NDOLO
JUDGE
Appearance:
No appearance for the Claimant
Mrs. Nyaencha for Respondent