Kayum Khan v International Commercial Company (K) Limited [2018] KEELRC 1809 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1809
- Citation
- [2018] KEELRC 1809 (KLR)
- Decided
- 8 June 2018
Summary at a glance
TypeLabor DisputePostureAppeal from a decision to strike out a defense and an application for extension of timeCoramONESMUS N. MAKAU
The claimant's application to strike out the defense and verifying affidavit is dismissed. The respondent's application for extension of time is allowed.
Facts
The claimant sought to strike out the defense and verifying affidavit, while the respondent sought to strike out the amended statement of claim and for extension of time.
Issues
- Whether the Verifying Affidavit sworn on 7.2.2013 should be struck out.
- Whether the defense dated 7.2.2013 should be struck out.
- Whether the Amended Claim filed on 8.6.2017 should be struck out.
- Whether leave should be granted for filing Amended defense.
Reasoning
The court found that the claimant failed to prove that the signature on the Verifying Affidavit was not by Mr. Farid Hamir and that the authority to sign the affidavit was not fatal. The court also ruled that the defense and the amended statement of claim were not invalid.
Outcome
The claimant's application to strike out the defense and verifying affidavit is dismissed. The respondent's application for extension of time is allowed.
Orders
- The suit to be heard by Court 6 where it was partly heard.
- Costs of the applications are awarded to the respondent to be agreed or taxed.
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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