Stephen Wekati Mayukuva v Kenolkobil Limited [2019] KEELRC 1766 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1766
- Citation
- [2019] KEELRC 1766 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeApplication to amend pleadingsPostureClaimant seeks leave to amend the claim and the draft attached to be deemed as the duly filed amended claimCoramM. MBARU JUDGE
Holding
The application is allowed. The claimant shall file the Amended Claim and serve the respondent within 14 days, upon service the respondent shall be at liberty to reply to the Amended Claim. A mention date for hearing directions shall be taken at the registry.
Facts
The claimant filed the original claim on 9th May, 2018, and the respondent filed the defence on 25th June, 2018. The claimant sought leave to amend the claim to include claims regarding ESOP shares.
Issues
- Whether the court has jurisdiction to hear and determine the matter proposed by the claimant in the proposed amended claim
- Whether the claimant should be granted leave to amend the claim
Reasoning
The court considers amendment to pleadings should be freely allowed, and the proposed amendment should be allowed as pleadings are still alive and hearing has not commenced.
Outcome
Application allowed
Orders
- Claimant shall file the Amended Claim and serve the respondent within 14 days
- Respondent shall be at liberty to reply to the Amended Claim
- A mention date for hearing directions shall be taken at the registry
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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