Benjamin Willy Muendo & 53 others v Quality Inspectors Limited [2021] KEELRC 147 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 147
- Citation
- [2021] KEELRC 147 (KLR)
- Decided
- 15 December 2021
The Court allows the application and grants the Claimants liberty to file a further list of documents, documents, further list of witnesses, and detailed witness statements by all the Claimants, save the Claimant who has already testified.
Facts
The Claimants sought to file additional documents and witness statements alleging that the Respondent had settled salary arrears for some Claimants and that some had withdrawn their claims. The Respondent opposed the application, claiming that the payments had been made while the matter was pending in court and that some Claimants had withdrawn their claims.
Issues
- Whether the Respondent is misleading the court by claiming that some Claimants have withdrawn their claims and that the Respondent has settled salary arrears for a number of them.
- Whether the Claimants are entitled to file additional documents and witness statements to disabuse the misleading position taken by the Respondent.
Reasoning
The Court declines to adjourn the matter and directs the proceedings to proceed. The Court finds that the Claimants are entitled to file the additional documents and witness statements to clarify the situation.
Outcome
The application is granted.
Orders
- The Claimants are granted liberty to file a further list of documents, documents, further list of witnesses, and detailed witness statements by all the Claimants, save the Claimant who has already testified.
Remedies
- The Claimants are granted liberty to file a further list of documents, documents, further list of witnesses, and detailed witness statements by all the Claimants, save the Claimant who has already testified.
Authorities cited
Legislation (1)
- Employment and Labour Relations Court (Procedure) Rules, 2016
Cases cited (1)
- Microsoft Corporation vs Mistumi Computer Garage Limited & another [2001] eKLR
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