JWK v Multimedia University College of Kenya & another (Cause 2041 of 2012) [2019] KEELRC 1006 (KLR) (8 July 2019) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 1006
- Citation
- [2019] KEELRC 1006 (KLR)
- Decided
- 8 July 2019
Summary at a glance
TypeAmendment ApplicationPostureRespondent seeks leave to amend his Memorandum of Reply and file a Witness Statement and List and Bundle of DocumentsCoramHS WASILWA
The application is dismissed without merit with costs to the Claimants
Facts
The matter is pending before the court and has been partly heard. The 2nd Respondent commenced testimony on April 3, 2019, and it became apparent that there are issues needing amendment.
Issues
- Whether the amendment is barred by previous court decisions
- Whether the amendment alters the case pleaded by the parties
- Whether the amendment serves to reopen the entire case
- Whether the amendment violates the Claimant's right to a fair trial
Reasoning
The Claimants have already testified and closed their case. Allowing the amendment will change the entire landscape of the case and prejudice the Claimants.
Outcome
Application dismissed
Authorities cited
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