Moses Nyambega Ondieki v Vice Chancellor Maasai Mara University & 2 others [2021] KEELRC 242 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 242
- Citation
- [2021] KEELRC 242 (KLR)
- Decided
- 8 December 2021
Summary at a glance
TypeApplication to strike out reply to amended statement of claimPostureApplication to strike out reply to amended statement of claimCoramAnna Ngibuini Mwaure
The court ruled that the Claimant's reply to the Respondent's further amended joint response should be struck out for being filed out of time.
Facts
The Claimant filed a reply to the Respondent's further amended joint response on 4th October, 2021, out of time. The Respondent claimed the reply was filed out of time and raised new critical issues.
Issues
- Whether the Claimant's reply to the Respondent's further amended joint response should be struck out for being filed out of time.
- Whether the costs of the application should be provided for.
Reasoning
The court found that the Claimant did not have leave to file the reply to the amended memorandum of claim out of time, and that the pleadings were already closed.
Outcome
The application to strike out the Claimant's reply to the Respondent's further amended joint response was granted.
Orders
- The Deputy Registrar, Hon. Mutai was referred to take a fresh hearing date before any Employment and Labour Relations Court Judge.
- A signed copy of the judgment will be availed to each party upon payment of court fees.
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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