Juliet Wamiri v James R. Njenga & another [2021] KEELRC 14 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 14
- Citation
- [2021] KEELRC 14 (KLR)
- Decided
- 20 December 2021
Summary at a glance
TypeApplication to strike out amended statement of claimPostureRespondent/Applicant seeks to strike out amended statement of claim filed by Claimant/RespondentCoramM. MBARU
Application is found without merit and is hereby dismissed
Facts
Claimant/Respondent filed an amended statement of claim on 2nd March, 2021, four months after being granted leave to do so on 27th October, 2020. Respondent/Applicant argues this is a violation of statutory time limits.
Issues
- Claimant's failure to file amended statement of claim within statutory time limits
- Respondent/Applicant's request to strike out amended statement of claim
Reasoning
Court finds the delay in filing the amended claim is justifiable and does not prejudice the Respondent/Applicant. The court exercises its discretion to ensure the ends of justice are met.
Outcome
Application dismissed
Authorities cited
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