Odera v Garda World Kenya Limited (Cause 2437 of 2017) [2022] KEELRC 1678 (KLR) (6 June 2022) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 1678
- Citation
- [2022] KEELRC 1678 (KLR)
- Decided
- 6 June 2022
The court orders the applicant to raise the preliminary objection during the hearing of the main suit
Facts
Claimant Anthony Lumumba Odera filed a memorandum of claim against Garda World Kenya Limited, alleging he was employed by the respondent. The respondent claims the claimant was employed by EARS Group Limited and subsequently the KK Security Group of Companies.
Issues
- Employer-employee relationship between claimant and respondent
- Jurisdiction of the court
Reasoning
The court considers the applicant's application to strike out the claim and the response from the claimant. The court upholds the earlier order by Radido Judge and orders the applicant to raise the objection during the hearing of the main suit.
Outcome
The claimant's suit is not struck out, and the parties are ordered to mention the case before the DR on 5/7/2022 to take a hearing date of the main suit
Orders
- The applicant can raise the point of objection at the hearing of the claim as earlier ordered by the court
Loading judgment…