[2013] KEELRC 843 (KLR)
The court found that the applicant's attempt to file a fresh suit out of time on issues already determined in a previous case constitutes a duplication of proceedings and an abuse of the court process. The court emphasized that the matter is res judicata, as it had already been heard and dismissed for being time...
Source-derived case information.
- Citation
- [2013] KEELRC 843 (KLR)
- Parties
- Applicant: Titus Nyongesa Masinde; Respondent: The County Governor Bungoma County
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Cause 6 of 2013
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- application dismissed
- Judges
- HS Wasilwa
- Legal Topics
- Limitation of Actions, Dismissal From Employment, Res Judicata, Abuse of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Titus Nyongesa Masinde
Applicant
The County Governor Bungoma County
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the applicant should be allowed to file a fresh suit out of time regarding his dismissal from service.
- 2 Whether the issues raised are res judicata, having already been determined by the court.
- 3 Whether the application constitutes an abuse of the court process.
Ratio Decidendi
The court found that the applicant's attempt to file a fresh suit out of time on issues already determined in a previous case constitutes a duplication of proceedings and an abuse of the court process. The court emphasized that the matter is res judicata, as it had already been heard and dismissed for being time barred. The applicant's actions were not in good faith, and the court declined to grant the orders sought, reinforcing the principle that litigation must come to an end and parties cannot re-litigate the same issues repeatedly.
Court Disposition
application dismissed
Orders
- The application to file a fresh suit out of time is declined.
- No further orders are granted as the matter is res judicata.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT OF KENYA AT KISUMU
MISC CAUSE NO. 6/2013
(Before Hon. Justice Hellen Wasilwa on 8th October, 2013)
TITUS NYONGESA MASINDE ....................................................... CLAIMANT
-VERSUS-
THE COUNTY GOVERNOR BUNGOMA COUNTY ….... RESPONDENTS
R U L I N G
I note that this applicant filed Case No. 12/2013 (formerly Nrb 1178/2012) on issues of his dismissal from service. This case was heard and determined by this court whereby the case was dismissed for being time barred having been filed 19 years after the alleged dismissal. The applicant has since filed a Notice of Appeal against this court's judgment in the said file Case No. 12/2013. He is now before this court in a fresh application seeking to be allowed to file a fresh suit out of time based on issues already determined following his dismissal. I believe the applicant is not acting in good faith. This is a duplication of cases and is an abuse of the court process. I decline to grant him orders already sought as the issues he want to litigate on have already been determined and are res judicata.
HELLEN WASILWA
JUDGE
8/10/2013
Appearances:-
Applicant present
CC. Sammy Wamache.