Dennis Leak Ojuok v Population Services Kenya [2021] KEELRC 499 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 499
- Citation
- [2021] KEELRC 499 (KLR)
- Decided
- 15 November 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureRespondent's appeal from a decision to allow the Claimant's application to file verifying affidavitsCoramJ.W KELI
Holding
The application is allowed
Facts
The Claimant/Applicant's Memorandum of Claim and Amended Memorandum of Claim were not supported by a verifying affidavit as prescribed by the Civil Procedure Act, and the omission was due to an honest mistake by the Claimant's Counsel.
Issues
- Whether the Claimant's Memorandum of Claim and Amended Memorandum of Claim are supported by a verifying affidavit
- Whether the omission of the verifying affidavit is curable and in the interest of justice
Reasoning
The omission of the verifying affidavit was due to an honest mistake by the Claimant's Counsel, and it is in the interest of justice to allow the application.
Outcome
Allowed
Orders
- That the Claimant/ Applicant be granted leave to file the verifying affidavits to the Memorandum of Claim dated 26 th March 2018 and Amended Memorandum of Claim amended on 15th April 2019.
- That the verifying affidavits to the Memorandum of Claim and Amended Memorandum of Claim filed herewith be deemed properly filed.
Authorities cited
Legislation (3)
- Civil Procedure Act
- Order 7 Rule 5 of the Civil Procedure Rules
- Article 159(2)(d) of the Constitution
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.
Loading judgment…