[2025] KEELRC 7 (KLR)
The court found that since the claimant had filed a notice of withdrawal of the cause before the matter was heard, it was proper to mark the cause as withdrawn. The court exercised its discretion not to make any order as to costs, thereby bringing the proceedings to an end without further adjudication on the merits...
Source-derived case information.
- Citation
- [2025] KEELRC 7 (KLR)
- Parties
- Applicant: Tailors & Textile Workers Union; Respondent: Royal Apparels EPZ Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause E968 of 2024
- Procedural Posture
- Employment Cause / Withdrawal Before Hearing
- Outcome
- Cause marked as withdrawn with no order as to costs.
- Judges
- S Radido
- Legal Topics
- Union Dues, Agency Fees, Withdrawal of Suit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Tailors & Textile Workers Union
Applicant
Royal Apparels EPZ Ltd
Respondent
Procedural Posture
Employment Cause / Withdrawal Before Hearing
Legal Issues
- 1 Whether the claimant is entitled to pursue claims for deduction and remittance of union dues and agency fees against the respondent.
- 2 Whether the withdrawal of the cause affects the rights of the parties as to costs.
Ratio Decidendi
The court found that since the claimant had filed a notice of withdrawal of the cause before the matter was heard, it was proper to mark the cause as withdrawn. The court exercised its discretion not to make any order as to costs, thereby bringing the proceedings to an end without further adjudication on the merits of the claim.
Court Disposition
Cause marked as withdrawn with no order as to costs.
Orders
- The cause is marked as withdrawn.
- There is no order as to costs.
Full Case Text
Judgment text and source record
19 paragraphs
Tailors & Textile Workers Union v Royal Apparels EPZ Ltd (Cause E968 of 2024) [2025] KEELRC 7 (KLR) (16 January 2025) (Ruling)
Neutral citation: [2025] KEELRC 7 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Cause E968 of 2024
S Radido, J
January 16, 2025
Between
Tailors & Textile Workers Union
Claimant
and
Royal Apparels EPZ Ltd
Respondent
Ruling
1. The Tailors & Textile Workers Union (the Claimant) sued Royal Apparels EPZ Ltd (the Respondent) on 15 November 2024, alleging failure to deduct and remit union dues and agency fees.
2. The Memorandum of Claim was accompanied with a Motion seeking interim orders and the Court gave directions on the Motion on 15 November 2024 with a return date of 16 January 2025.
3. However, on 22 November 2024, the Union filed a Notice of Withdrawal of the Cause in its entirety.
Order 4. The Court marks the Cause as withdrawn with no order on costs.
DELIVERED VIRTUALLY, DATED AND SIGNED IN NAIROBI ON THIS 16TH DAY OF JANUARY 2025. RADIDO STEPHEN, MCIArbJUDGEAppearancesFor the Union Eshiwani Ashubwe & Co. AdvocatesCourt Assistant Wangu