Julius M Mulumbi v Arvid Engineering Limited [2021] KEELRC 342 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 342
- Citation
- [2021] KEELRC 342 (KLR)
- Decided
- 25 November 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeApplication for Leave to Proceed and InjunctionPostureClaimant seeks leave to proceed with the suit against the Respondent and enjoin the Administrator as a Respondent.CoramNZIOKI WA MAKAU
Holding
The application is granted, and the Administrator is enjoined as a Respondent in the suit.
Facts
The suit has been ongoing since May 2015, and the Respondent was placed under administration on January 31, 2019, by NIC Bank Kenya PLC. The Respondent's Advocates sought an adjournment on December 5, 2019.
Issues
- Whether the Claimant should be allowed to proceed with the suit against the Respondent.
- Whether the Administrator should be enjoined as a Respondent in the suit.
Reasoning
The Court finds that the suit has been ongoing for a long time and that the Respondent was under administration, which necessitated the adjournment. The Court grants the application to proceed and enjoin the Administrator.
Outcome
The application is granted.
Orders
- The Claimant is allowed to proceed with the suit against the Respondent.
- The Administrator is enjoined as a Respondent in the suit.
Remedies
- The suit against the Respondent is allowed to proceed.
- The Administrator is prevented from being a Respondent in the suit.
Authorities cited
Legislation (2)
- Insolvency Act
- Employment & Labour Relations Court Act
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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