George Orito Okuya v Vegi Vegi Restaurant [2013] KEELRC 105 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 105
- Citation
- [2013] KEELRC 105 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureRespondent seeks to strike out the suit on the grounds of being wrongly suited.CoramD.K.N.Marete
Holding
The court finds that Vegi Vegi Restaurant is the party to the suit and denies the preliminary objection.
Facts
The claimant, George Orito Okuya, was employed by Vegi Vegi Restaurant as a cook. He was terminated without notice and without payment of terminal benefits. The respondent, Vegi Vegi Restaurant, denies being the party sued and claims to be Vegi Vegi 2007 Ltd.
Issues
- Is Vegi Vegi Restaurant a party to the suit?
- Was the termination wrongful, unfair, and unlawful?
- Is the claimant entitled to the relief sought?
Reasoning
The claimant testified that he was issued with a document in the name of Vegi Vegi Restaurant at the onset of employment. The respondent's witness, Raju Shekabwal, admitted to being an employee of Vegi Vegi Restaurant and confirmed the transfer of assets and employees to the new owners.
Outcome
The suit is not struck out.
Orders
- The preliminary objection is dismissed.
- The claim is allowed.
Remedies
- The claimant is entitled to the relief sought.
Authorities cited
Legislation (1)
- Employment Act, 2007
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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