[2014] KEELRC 697 (KLR)

[2014] KEELRC 697 (KLR)

The court found that the Respondent's application to set aside the Award lacked merit. The Respondent failed to provide sufficient justification for its absence at the hearing, as the court record did not support the claim that the matter was not listed. Furthermore, the court was not persuaded that the doctrine of...

Source-derived case information.

Citation
[2014] KEELRC 697 (KLR)
Parties
Claimant: Ruth Kemunto Omwoyo; Respondent: East African Growers
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Nairobi
Jurisdiction
Kenya
Case Number
Cause 746 of 2011
Procedural Posture
Miscellaneous Application / Ruling on Application to Set Aside Award
Outcome
Application dismissed. Claimant at liberty to execute. No order as to costs.
Legal Topics
Setting Aside Award, Sub Judice, Execution of Award
Source Language
en
Employment and Labour Setting Aside Award Sub Judice Execution of Award

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Ruth Kemunto Omwoyo

Claimant

East African Growers

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application to Set Aside Award

Legal Issues

  1. 1 Whether the Respondent's application to set aside the Award delivered on 9th February 2012 has merit.
  2. 2 Whether the matter is sub judice due to another claim between the same parties over the same dispute.
  3. 3 Whether the Claimant is entitled to execute the Award.

Ratio Decidendi

The court found that the Respondent's application to set aside the Award lacked merit. The Respondent failed to provide sufficient justification for its absence at the hearing, as the court record did not support the claim that the matter was not listed. Furthermore, the court was not persuaded that the doctrine of sub judice applied, as there was no evidence of another active claim between the same parties over the same dispute that would bar execution of the Award. Consequently, the court rejected the application and allowed the Claimant to proceed with execution.

Court Disposition

Application dismissed. Claimant at liberty to execute. No order as to costs.

Orders

  • The application filed by the Respondent on 24th February 2012 is rejected.
  • The Claimant is at liberty to execute.