Japheth Omosa v Omar Shariff Ali & 3 others [2020] KEELRC 510 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 510
- Citation
- [2020] KEELRC 510 (KLR)
- Decided
- 17 September 2020
Summary at a glance
TypeLabour DisputePostureAppeal from a decision to dismiss an application to issue a third party noticeCoramLINNET NDOLO
The Respondents' application is dismissed with costs to the Claimant.
Facts
The Claimant, Japheth Omosa, filed a claim against Omar Shariff Ali and others for alleged dismissal at Istiqama Academy. The Respondents filed a reply and the case was closed. The Respondents later applied to issue a third party notice to Juma Boma, Sheikh Ali Idris, Salma Anwar, and Ali Hussein.
Issues
- Whether the Respondents have made out a case for reopening the case to allow for issuance of a third party notice to the proposed third parties.
Reasoning
The Respondents did not provide a valid reason for seeking leave to issue a third party notice after the pleadings were closed and the parties had presented their cases. The termination letter was signed by the 1st Respondent, and the handover agreement was executed after the Claimant's termination.
Outcome
Appeal dismissed
Orders
- The Respondents are directed to file final submissions on the main claim within 14 days from the date of this ruling.
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