Ochenge v Nakumatt Holdings Ltd (Cause 380 of 2017) [2022] KEELRC 4009 (KLR) (20 September 2022) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 4009
- Citation
- [2022] KEELRC 4009 (KLR)
- Decided
- 20 September 2022
Summary at a glance
TypeUnlawful and Unfair Termination of EmploymentPostureClaimant's claim for reinstatement and other reliefs dismissed due to lack of leave of courtCoramHS WASILWA, Makhandia, Mbogholi, Nzioka
The claimant's claim is dismissed as it was instituted without the leave of the court, which is mandatory for a company under receivership.
Facts
Claimant was dismissed by respondent on January 24, 2017, for alleged fuel pilferage. He appealed the decision but the union did not escalate the issue. Claimant claimed unfair dismissal and sought reinstatement, compensation, and other benefits.
Issues
- Unlawful and unfair termination of employment
- Lack of leave of court for instituting proceedings against a company under receivership
Reasoning
The court held that a company under receivership cannot be sued without the leave of the court, citing several cases where suits against companies under receivership were found to be incompetent.
Outcome
Claim dismissed
Authorities cited
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