[2018] KEELRC 2274 (KLR)
The court found that the respondent's repeated filing of applications seeking to set aside the ruling of 4th March, 2015, after having previously withdrawn a similar application by consent and indicating that the issues would be addressed at the main hearing, amounted to an abuse of the court process. The court...
Source-derived case information.
- Citation
- [2018] KEELRC 2274 (KLR)
- Parties
- Claimant: William Malii Mwanzia; Respondent: General Motors East Africa Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 2292 of 2014
- Procedural Posture
- Employment Cause / Ruling on Interlocutory Application
- Outcome
- application struck out as abuse of process
- Judges
- DI Wasike
- Legal Topics
- Abuse of Court Process, Interlocutory Injunctions, Review of Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
William Malii Mwanzia
Claimant
General Motors East Africa Limited
Respondent
Procedural Posture
Employment Cause / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the respondent's application dated 14th July, 2017 constitutes an abuse of the court process.
- 2 Whether the respondent is entitled to have the ruling of 4th March, 2015 set aside and the claim struck out.
Ratio Decidendi
The court found that the respondent's repeated filing of applications seeking to set aside the ruling of 4th March, 2015, after having previously withdrawn a similar application by consent and indicating that the issues would be addressed at the main hearing, amounted to an abuse of the court process. The court emphasized that such conduct was a waste of judicial time and an attempt to delay the speedy disposal of the claimant's claim. Exercising its discretion, the court summarily struck out the respondent's application dated 14th July, 2017 with costs, without considering its merits, to uphold the integrity of the judicial process and prevent further delay.
Court Disposition
application struck out as abuse of process
Orders
- The respondent's application dated 14th July, 2017 is struck out with costs.
- The matter shall proceed to hearing of the main claim.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OF
KENYA AT NAIROBI
CAUSE 2292 OF 2014
WILLIAM MALII MWANZIA.……………………...……..CLAIMANT
VERSUS
GENERAL MOTORS EAST AFRICA LIMITED.……RESPONDENT
RULING
1. The court has reviewed and considered the application dated 14th July, 2017 brought by the respondent and will exercise its discretion against the respondent and dismiss the same with costs without going into the merits of the said application. The reason why court has taken this drastic and summary approach is after following chronology of events in this matter which are as follows;
2. On 4th March, 2015 Honourable Justice Wa Makau in a considered ruling granted the claimant’s application dated 23rd December, 2014 after inter partes hearing. The order made by the learned Judge was that, a temporary injunction was granted restraining the respondent from retiring the claimant pending the hearing and determination of the claim.
3. The respondent on 18th March, 2015 filed a Notice of Appeal against that ruling. On 28th April, 2015 the respondent in spite of having filed Notice of Appeal and the same remaining unwithdrawn filed an application for review of the ruling.
4. This application for review was withdrawn by consent of the parties on 14th April, 2016 and Ms Jakaita informed the court that the respondent would pursue the issues raised in the review application at the hearing of the main claim.
5. The court consequently recorded that consent on withdrawal and directed that the parties herein set the suit down for hearing at the registry at their convenience. Over one year later from the date of the consent and over three years from the date of the ruling by Justice Wa Makau, the respondent on 14th July, 2017 yet again filed the present application seeking the setting aside of the ruling delivered on 4th March, 2015 and striking out of the claim herein.
6. This is totally unacceptable use of the court process, a total waste of judicial time and a glaring attempt by the respondent to delay the speedy disposal of the claimant’s claim. The court cannot sit back and let his happen more so when the respondent’s counsel had represented that they would abandon the review application and canvas the issues therein at the main trial.
7. The application dated 14th July, 2017 is therefore struck out with cost as an abuse of the court process.
8. It is so ordered.
Dated at Nairobi this 2nd day of March 2018
Abuodha J. N.
Judge
Delivered at Nairobi this 2nd day of March 2018
Abuodha J. N.
Judge
In the presence of:-
……………………………………………………………for the Claimant
………...……………………………………………….for the Respondent.