[2015] KEELRC 1424 (KLR)
The Court found that the notice of preliminary objection filed by the Claimant did not meet the legal threshold for a preliminary objection as established in Mukisa Biscuit Co. v. West End Distributors. The issues raised were not purely legal but were contested and would require the calling of oral evidence or...
Source-derived case information.
- Citation
- [2015] KEELRC 1424 (KLR)
- Parties
- Claimant: Transport Workers Union; Respondent: City General Stores Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1904 of 2014
- Procedural Posture
- Employment Cause / Ruling on Preliminary Objection
- Outcome
- preliminary objection dismissed with costs
- Legal Topics
- Preliminary Objection, Burden of Proof, Procedure on Objections
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Transport Workers Union
Claimant
City General Stores Ltd
Respondent
Procedural Posture
Employment Cause / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the notice of preliminary objection raised by the Claimant constitutes a valid preliminary objection in law.
- 2 Whether the issues raised require oral evidence or exchange of documents.
Ratio Decidendi
The Court found that the notice of preliminary objection filed by the Claimant did not meet the legal threshold for a preliminary objection as established in Mukisa Biscuit Co. v. West End Distributors. The issues raised were not purely legal but were contested and would require the calling of oral evidence or exchange of documents. Therefore, the objection was unmerited and was dismissed with costs.
Court Disposition
preliminary objection dismissed with costs
Orders
- The preliminary objection is dismissed with costs to the Respondent.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OF KENYA AT NAIROBI
CAUSE NUMBER 1904 OF 2014
TRANSPORT WORKERS UNION………………………….……CLAIMANT
VERSUS
CITY GENERAL STORES LTD……………….…………….RESPONDENT
RULING
1. The Court has considered the notice of preliminary objection filed by the Claimant herein and is of the considered view that the same does not constitute in law a preliminary objection as the issues raised are contested and would require calling oral evidence or exchange of documents.
2. The Court relying on the principles governing preliminary objection as set out in the case of Mukisa Biscuit Co. v. West End Distributors (1969) EA 696 hereby finds that the so called preliminary objections is unmerited and dismisses the same with costs.
3. It is so ordered
Dated at Nairobi this 13th day of February 2015
Abuodha J. N.
Judge
Delivered this 13th day of February 2015
In the presence of:-
……………………………………………………………for the Claimant and
………………………………………………………………for the Respondent.
Abuodha J. N.
Judge