Lydia Atieno Ogola & another (Administrators of the estate of the late Fredrick Otieno Adumbo) v Gogni Rajope Consruction Ltd & 2 others [2022] KEELRC 1010 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1010
- Citation
- [2022] KEELRC 1010 (KLR)
- Decided
- 26 January 2022
Summary at a glance
TypeMotion to Strike PleadingsPostureMotion to strike pleadings filed by Onsongo & Co. AdvocatesCoramRadido Stephen, MCIArb
The Court finds merit in the Motion and strikes out the pleadings filed on 24 November 2020.
Facts
The applicants and co-administrators of the estate of Fredrick Otieno Adumbo wrote to the Director of Occupational Safety and Health on 31 August 2018 seeking assistance with respect to payment of compensation under the Work Injury Benefits Act. Onsongo & Co. Advocates filed a Notice of Preliminary Objection contending that the Court lacks jurisdiction to entertain the application.
Issues
- Consent of the applicant to the actions of Onsongo & Co. Advocates
- Jurisdiction of the court to entertain the application
Reasoning
The co-administrator admitted that the applicant had not consented to the instructions given to Onsongo & Co. Advocates. The Court also noted that the pleadings were filed without the consent of the applicant.
Outcome
The pleadings filed by Onsongo & Co. Advocates are struck out.
Orders
- The pleadings filed by Onsongo & Co. Advocates are struck out
Authorities cited
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