[2017] KEELRC 1523 (KLR)
The court found that in the interests of justice and to ensure expeditious determination of the cause, the application for substitution of the deceased 3rd claimant should be allowed, especially as there was no opposition from the respondent. The court further exercised its discretion to issue detailed case...
Source-derived case information.
- Citation
- [2017] KEELRC 1523 (KLR)
- Parties
- Applicant: Stephen Otiede Obaga; Applicant: Leonard Kimaru; Applicant: Samuel Ayodo Odhiambo; Respondent: The Hon. Attorney General
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1953 of 2013
- Procedural Posture
- Employment Cause / Interlocutory Ruling on Substitution and Case Management Directions
- Outcome
- Application for substitution allowed; case management directions issued.
- Judges
- MSA Makhandia
- Legal Topics
- Eviction From Staff Housing, Interlocutory Injunctions, Substitution of Parties, Case Management Directions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Otiede Obaga
Applicant
Leonard Kimaru
Applicant
Samuel Ayodo Odhiambo
Applicant
The Hon. Attorney General
Respondent
Procedural Posture
Employment Cause / Interlocutory Ruling on Substitution and Case Management Directions
Legal Issues
- 1 Whether the deceased claimant should be substituted by a legal representative.
- 2 Whether the claimants should be granted further time to comply with filing and exchange of pleadings and documents.
- 3 What case management directions are appropriate to ensure expeditious disposal of the cause.
Ratio Decidendi
The court found that in the interests of justice and to ensure expeditious determination of the cause, the application for substitution of the deceased 3rd claimant should be allowed, especially as there was no opposition from the respondent. The court further exercised its discretion to issue detailed case management directions, including timelines for filing amended pleadings, exchange of documents, and formulation of agreed issues. The court emphasized that compliance with these directions was mandatory, failing which the cause would stand dismissed. This approach was adopted to prevent further delay in a matter that had already been pending for four years.
Court Disposition
Application for substitution allowed; case management directions issued.
Orders
- The motion dated 23 March 2017 for substitution is allowed.
- An amended Memorandum of Claim, witness statements and documents to be relied on to be filed and served on or before 30 April 2017.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 1953 OF 2013
STEPHEN OTIENDE OBAGA 1ST CLAIMANT
LEONARD KIMARU 2ND CLAIMANT
SAMUEL AYODO ODHIAMBO 3RD CLAIMANT
v
THE HON. ATTORNEY GENERAL RESPONDENT
RULING
1. The Cause was filed on 5 December 2013. Accompanying the Cause was a motion under certificate of urgency seeking restraining orders against the Respondent from evicting the Claimants.
2. The restraining orders were granted ex parte on the same day with a return date of 18 December 2013. The Claimants were nevertheless evicted around 2 May 2014, while delivery of ruling was pending.
3. On 25 June 2014, the Claimants again moved Court under certificate of urgency seeking orders restraining eviction from their residential quarters. The orders were granted.
4. On 23 June 2015, the Court, at the request of the parties, allowed the parties time to attempt out of court settlement. The Response filed out of time was also admitted.
5. On 29 September 2015, the Respondent forwarded to the Claimants proposals for settlement of the dispute, but no agreement was reached and on 2 October 2015, the Court gave directions as to the filing and exchange of witness statements and documents within 14 days. Hearing was scheduled for 20 January 2016.
6. The hearing could not proceed as the Court was informed that the 3rd Claimant had died and it was necessary to substitute him with a legal representative.
7. On 8 March 2017, the Deputy Registrar issued a hearing notice for 4 April 2017, and when the Cause was called out for hearing, Mr. Owang brought to the attention of Court, a motion dated 23 March 2017 for substitution.
8. Mr. Kioko who appeared for the Respondent indicated that he was not opposed to the substitution.
9. In order to ensure that this 4 year Cause is determined expeditiously, the Court will therefore allow the motion dated 23 March 2017 and direct that
(a) an amended Memorandum of Claim, witness statements and documents to be relied on be filed and served on or before 30 April 2017.
(b) An amended Response, witness statements and documents to be relied on be filed and served on or before 30 May 2017.
(c) Agreed Issues be filed on or before 16 June 2017 and if the Issues are not agreed, Claimants to file and serve their proposed Issues on or before 30 June 2017.
10. The Cause be mentioned before the Deputy Registrar on 30 June 2017 to confirm compliance and to schedule a hearing date.
11. Should the Claimants fail to comply with the directives herein, the Cause shall stand dismissed.
Delivered, dated and signed in Nairobi on this 6th day of April 2017.
Radido Stephen
Judge
Appearances
Claimants Mr. Owang instructed by Owang & Associates
Respondent Mr. Kioko, Litigation Counsel, Office of the Attorney General
Court Assistant Nixon