Maina v Harley’s Limited (Employment and Labour Relations Claim 260 of 2019) [2022] KEELRC 4132 (KLR) (29 July 2022) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 4132
- Citation
- [2022] KEELRC 4132 (KLR)
- Decided
- 29 July 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment and Labour Relations ClaimPostureRespondent seeks to file further supplementary list and bundle of documents and amend the statement of response and counterclaimCoramM. MBARŨ
Holding
Application is allowed, respondent shall file its documents and counter-claim and serve the claimant within 14 days, pleadings shall close within the next 30 days, and parties shall be allocated a hearing date
Facts
Claimant Charles Kuria Maina was employed by respondent Harley’s Limited, and he was given a work benefit to purchase Motor Vehicle KCD xxxx, which was registered in the respondent’s name. The claimant later transferred the vehicle to Carlos Auto Spares Limited.
Issues
- Whether the respondent can file new documents and amend the counterclaim
- Whether the new matters should be filed in the High Court
Reasoning
The new matters are relevant and important to the proceedings as they relate to the employment and labour relations, and the court has the inherent power to do justice without emasculating its jurisdiction.
Outcome
Application allowed
Orders
- Respondent shall file its documents and counter-claim and serve the claimant within 14 days
- Pleadings shall close within the next 30 days
- Parties shall be allocated a hearing date
Authorities cited
Cases cited (2)
- Suzanne Achieng Butler & 4 others v Redhill Heights Investments Limited & another [2016] eKLR
- Peter Mutisya Musembi & another v National Bank of Kenya (2014) eKLR
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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