[2024] KEELRC 1080 (KLR)
The court found that the application by the respondents was identical to a previous application that had already been heard and dismissed. As such, the court was functus officio and lacked jurisdiction to revisit the matter. The application was also res judicata, as the issues raised had already been determined....
Source-derived case information.
- Citation
- [2024] KEELRC 1080 (KLR)
- Parties
- Applicant: Paul Gichuhi Wahu; Respondent: South Sioux Farms Limited; Respondent: Office of Director of Public Prosecutions
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 2594 of 2016
- Procedural Posture
- Cause / Ruling on Application to Set Aside Ex Parte Judgment
- Outcome
- application dismissed with costs to the claimant
- Judges
- Nzioki wa Makau
- Legal Topics
- Setting Aside Judgment, Functus Officio, Res Judicata, Preliminary Objection
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Gichuhi Wahu
Applicant
South Sioux Farms Limited
Respondent
Office of Director of Public Prosecutions
Respondent
Procedural Posture
Cause / Ruling on Application to Set Aside Ex Parte Judgment
Legal Issues
- 1 Whether the court can entertain an application to set aside an ex-parte judgment where a similar application had previously been dismissed.
- 2 Whether the court is functus officio in respect of the application.
- 3 Whether the application is res judicata.
Ratio Decidendi
The court found that the application by the respondents was identical to a previous application that had already been heard and dismissed. As such, the court was functus officio and lacked jurisdiction to revisit the matter. The application was also res judicata, as the issues raised had already been determined. Therefore, the application was dismissed as unmerited and barred by the doctrines of functus officio and res judicata.
Court Disposition
application dismissed with costs to the claimant
Orders
- The application to set aside the ex-parte judgment is dismissed.
- Costs of the application awarded to the claimant.
Full Case Text
Judgment text and source record
20 paragraphs
Wahu v South Sioux Farms Limited & another (Cause 2594 of 2016) [2024] KEELRC 1080 (KLR) (4 March 2024) (Ruling)
Neutral citation: [2024] KEELRC 1080 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Cause 2594 of 2016
Nzioki wa Makau, J
March 4, 2024
Between
Paul Gichuhi Wahu
Claimant
and
South Sioux Farms Limited
1st Respondent
Office of Director of Public Prosecutions
2nd Respondent
Ruling
1. The Application before me is the one by the Respondent seeking for orders:-a.Spentb.That the ex-parte judgment entered herein and all consequential orders be set aside and the defendant be granted leave to defend the suit unconditionally.c.That there be a stay of execution of the decree pending the hearing and determination of this application.d.That costs of the application be provided for.
2. The Claimant responded by filing a preliminary objection, to wit, that the application by the Respondents was similar to one dated 23rd August 2023 which had been heard and disallowed by the Court and that the Court herein not being the Court of Appeal, was functus officio. The Respondent’s motion does not need to be considered on its merits as it seeks to reopen the matter as was proposed in the motion I disallowed on 26th September 2023. In the premises I decline the application as it is not only unmerited but also res judicata as I made my decision on 26th September 2023. Application dismissed with costs to the Claimant.
It is so ordered.
DATED AND DELIVERED AT NAIROBI THIS 4TH DAY OF MARCH 2024NZIOKI WA MAKAUJUDGE