Sylvester Oduor Oyile v Primefuels (Kenya) Limted [2019] KEELRC 2104 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2104
- Citation
- [2019] KEELRC 2104 (KLR)
Summary at a glance
TypeLabour DisputePostureAppeal from a final order dismissing the suitCoramByram Ongaya, Nduma
The application for review is allowed, and the orders given by Nduma J on April 17, 2018 are set aside. The suit is reinstated and parties are invited to take directions towards expeditious hearing and determination of the suit.
Facts
The claimant filed a civil suit against the respondent for compensation for unfair termination and payment of terminal dues. A judgment was entered in the claimant's favor by Lady Justice Monica Mbaru on June 13, 2013. The respondent applied for review, which was granted by Mbaru J on April 7, 2014, and the claimant was directed to file a fresh suit. The claimant filed the present suit on April 28, 2014.
Issues
- Review of the dismissal of the suit
- Reinstatement of the suit
Reasoning
The Court found an error in the record that the dispute had been determined by a judgment by Mbaru J in a previous case between the parties, which was not the case. The respondent did not deny the claimant's account that the judgment in the previous suit had been set aside.
Outcome
Appeal allowed
Orders
- Orders given by Nduma J on April 17, 2018 are set aside
- Suit is reinstated
- Parties are invited to take directions towards expeditious hearing and determination of the suit
Remedies
- Reinstatement of the suit
Authorities cited
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