Esther Mutembei v Oracle Systems Limited [2019] KEELRC 1105 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1105
- Citation
- [2019] KEELRC 1105 (KLR)
- Decided
- 11 July 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabor DisputePosturePreliminary Objection to the hearing of the matterCoramHON. LADY JUSTICE HELLEN WASILWA
Holding
The Court rejects the application and orders the Parties to take a date for hearing of this case.
Facts
The Claimant, Esther Mutembei, filed a suit against the Respondent, Oracle Systems Limited, alleging wrongful dismissal. The Respondent filed a Notice of Preliminary Objection, claiming that the suit was compromised by a Consent Letter dated 04/09/2017.
Issues
- Whether the Consent Letter is binding on the parties
- Whether the Respondent can introduce other conditions not expressly provided in the settlement agreement
Reasoning
The Court notes that the parties have been appearing in court and has not settled the matter. The Respondent's insistence on the consent as a settlement is not the true position of the parties.
Outcome
The application is dismissed.
Orders
- The Parties to take a date for hearing of this case as ordered by Court on 13/3/2018 or enter a fresh consent to be filed before this Court.
Authorities cited
Cases cited (7)
- John Waruinge Kamau v Phoenix Aviation Limited
- Pastor Anthony Makena Chege v Nancy Wamaitha Magak & Another
- Samuel Mbugua Ikumbu v Barclays Bank of Kenya Limited
- Board of Trustees National Social Security Fund v Michael Mwalo
- Hassan Nyanje Charo v Khatib Mwashetani & 3 others
- Directline Assurance Co. Ltd v Jeremiah Wachira Ichaura
- National Bank of Kenya Ltd v Pipe Plastics Sankolit (K) Ltd & Another
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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