Michael Mwawai Mjomba v Central Electrical International Limited [2019] KEELRC 1803 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1803
- Citation
- [2019] KEELRC 1803 (KLR)
- Decided
- 9 April 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePreliminary ObjectionPostureRespondent's Preliminary Objection OverruledCoramLINNET NDOLO
Holding
The Court finds the Respondent's objection without basis and overrules it with costs to the Claimant.
Facts
Claimant filed a lawsuit against Respondent alleging unfair and unlawful termination, salary arrears, and lockout. Respondent filed a preliminary objection claiming the claim was res sub judice due to a previous case.
Issues
- Res sub judice
- Incompetent claim
- Disguised attempt to adjudicate same issue
Reasoning
The Court determined that the current claim is not res sub judice as the issues are not the same and the Claimant was not a Grievant in the previous case.
Outcome
Claimant's lawsuit is allowed to proceed.
Orders
- Set down the main suit for hearing and disposal.
Authorities cited
Legislation (1)
- Civil Procedure Act
Cases cited (1)
- Mukisa Biscuit Manufacturing Co. Ltd v West End Distributors Limited (1969)
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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