Fredrick Odhiambo Ogola v Massai Mara Univeristy Council [2021] KEELRC 664 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 664
- Citation
- [2021] KEELRC 664 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureRespondent's Preliminary Objection DismissedCoramHON. LADY JUSTICE HELLEN WASILWA
Holding
The claimant sued the wrong party who has no capacity to sue and be sued, and the claim as filed cannot be sustained.
Facts
The claimant sued the respondent for unfair termination of his service, but the respondent raised a preliminary objection based on the claimant suing the wrong party and the lack of an employment contract.
Issues
- Wrong party sued
- Lack of employment contract
Reasoning
The claimant sued the respondent, who has no capacity to sue and be sued, and the claimant attempted to cure the defect by filing an Amended claim. The omission was cured, and the correct respondent is currently included.
Outcome
Preliminary Objection Dismissed
Authorities cited
Legislation (2)
- Employment Act
- Universities Act
Cases cited (5)
- Quick Enterprises Limited v Kenya Railways Corporation
- Peter Ngugi Geoffrey and 3 others v Muthini Nsda Church
- Kiama Wangai v Pamela Tsimbiri & 7 others
- Kenneth Kibimiru Kigalo v Mastermind Tobacco (K) Limited
- David Nderitu Mwangi v Tusker Mattresses Limited
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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