John Muthini Kithome v Ali Mohamed Noorani t/a Olympic Restaurant [2019] KEELRC 2483 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2483
- Citation
- [2019] KEELRC 2483 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeApplication to strike out claimPostureRespondent's application to strike out Claimant's claimCoramLINNET NDOLO
Holding
The Claimant's claim is struck out as it is an abuse of the court process.
Facts
The Claimant reported a dispute to the Ministry of Labour and received a statement from the Ministry. The Respondent denied the claims and requested a joint meeting. A joint meeting was held where the Claimant's claim was heard and settled. The Respondent paid the settlement amount to the State Department for Labour.
Issues
- Whether the Claimant's claim is properly before the Court in light of the Certificate of Payment Agreement and the cheque issued
Reasoning
The Claimant failed to take issue during conciliation proceedings and collected the settlement cheque, rendering his claim an abuse of the court process.
Outcome
The Claimant's claim is struck out.
Orders
- The Claimant's claim is struck out.
- Each party will bear their own costs.
Authorities cited
Cases cited (3)
- Elizabeth Wanjiru Njogu v Kangei Nyakinyua Building Co. Ltd (Cause No 385 of 2011)
- Wario Gorise v Vicky Kabetu (Director, Muthithi Plantation Estate [2013] eKLR)
- Kenya Shoe and Leather Workers Union v Modern Soap Factory [2018] eKLR
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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