[2024] KEELRC 1017 (KLR)
The court found that the statement of claim bore a court stamp dated 10/8/2019, and there was no prior allegation or evidence presented that the stamp was affixed in error or illegally. The discrepancy between the date on the stamp and the date on the pleading was not raised during the hearing of the preliminary...
Source-derived case information.
- Citation
- [2024] KEELRC 1017 (KLR)
- Parties
- Applicant: Union of National Research And Allied Institutes Staff Of Kenya (Unrisk); Respondent: Kenya Agricultural and Livestock Research Organisation (Kalro)
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Employment and Labour Relations Cause E648 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling on Notice of Motion Seeking Review of Preliminary Objection Decision
- Outcome
- application dismissed
- Judges
- MN Nduma
- Legal Topics
- Preliminary Objection, Error on Face of Record, Review of Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Union of National Research And Allied Institutes Staff Of Kenya (Unrisk)
Applicant
Kenya Agricultural and Livestock Research Organisation (Kalro)
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion Seeking Review of Preliminary Objection Decision
Legal Issues
- 1 Whether there was an error apparent on the face of the record regarding the date of filing of the suit.
- 2 Whether the court should review or revisit its earlier ruling based on the alleged error.
Ratio Decidendi
The court found that the statement of claim bore a court stamp dated 10/8/2019, and there was no prior allegation or evidence presented that the stamp was affixed in error or illegally. The discrepancy between the date on the stamp and the date on the pleading was not raised during the hearing of the preliminary objection. Therefore, the court held that there was no error apparent on the face of the record to warrant a review of its earlier ruling. The application was dismissed as lacking merit, with the court noting that any discrepancies could be addressed at the hearing of the suit on its merits.
Court Disposition
application dismissed
Orders
- The application dated 19/10/2023 is dismissed with costs in the cause.
Full Case Text
Judgment text and source record
19 paragraphs
Union of National Research and Allied Institutes Staff of Kenya (UNRISK) v Kenya Agricultural and Livestock Research Organisation (KALRO) (Employment and Labour Relations Cause E648 of 2020) [2024] KEELRC 1017 (KLR) (18 April 2024) (Ruling)
Neutral citation: [2024] KEELRC 1017 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Employment and Labour Relations Cause E648 of 2020
MN Nduma, J
April 18, 2024
Between
Union of National Research And Allied Institutes Staff Of Kenya (Unrisk)
Claimant
and
Kenya Agricultural and Livestock Research Organisation (Kalro)
Respondent
Ruling
1. The applicant through a notice of motion dated 19/10/2023 prays the court to uphold the respondent’s preliminary objection dated 5th December 2022 in its entirety on grounds that the court in the ruling made a finding that the suit was filed on 10/8/2019 which is an error on the face of the record since the suit was filed on 12/10/2020 and not 10/08/2019.
2. The court has examined the statement of claim in the court file and same bears the court stamp dated 10/8/2019. There was no allegation before the court made the ruling that the court stamp was affixed on the court record in error or it was illegally affixed on the court pleadings.
3. The court has also noted that the same pleading, which bears the court stamp of 10/8/2019 is dated 12/10/2019. These were not matters placed before me during the hearing and determination of the preliminary objection. The court did not therefore make any error apparent on the face of its ruling and cannot on the basis of the present application revisit its ruling. However the court will have opportunity to consider the apparent discrepancies in the court file at the hearing of the suit on the merits and appropriate orders made.
4. The application lacks merit and is dismissed with costs in the cause.
DATED AT NAIROBI THIS 18TH DAY OF APRIL, 2024Mathews Nderi NdumaJUDGEAppearance:Mr. Mokaya for claimant/respondentMr. Ngethe for respondent/ objectorMr. Kemboi, Court Assistant