Elias Mudaki Ngaywa v Principal Secretary Ministry of Tourism & another [2016] KEELRC 111 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 111
- Citation
- [2016] KEELRC 111 (KLR)
- Decided
- 20 December 2016
Summary at a glance
TypeLabor DisputePostureRespondent raised preliminary objections to the Claimant's claim.CoramLINNET NDOLO
The issues raised in the current claim are res judicata and cannot be reopened for retrial.
Facts
The Claimant filed CMCC No 2648 of 2006 seeking a determination of wrongful termination, while in the current case, he seeks reinstatement.
Issues
- Whether the issues raised in the current claim are res judicata.
- Whether the suit is time barred and offends the provisions of Section 90 of the Employment Act, 2007.
Reasoning
The Court of Appeal held that the doctrine of res judicata is grounded on public policy and aimed at assuring finality to litigation. Section 7 of the Civil Procedure Act bars a court from trying a suit whose subject matter has been substantially litigated upon by the same parties and finally determined by a court of competent jurisdiction.
Outcome
The Claimant's claim is struck out with no order for costs.
Orders
- The Claimant's claim is struck out with no order for costs.
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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